ILNews

Opinions March 30, 2012

March 30, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kristine A. and Larry G. Dawson v. Fifth Third Bank
49A02-1107-PL-704
Civil plenary. Affirms order denying the Dawsons’ motion for summary judgment and granting Fifth Third Bank’s cross-motion for summary judgment on its claim for replevin. When Magish, who sold a motorcycle to the Dawsons, defaulted on his loan from Fifth Third, the bank as the secured party had the right to take possession of the motorcycle. The Dawsons’ interest in the motorcycle as its purchasers is not superior to the bank’s perfected security interest.   

D.C. v. J.A.C.
32A04-1106-DR-296
Domestic relation. Reverses order modifying custody in favor of the ex-husband and preventing mother from relocating with their minor child. Father is not entitled to appellate attorney fees, and relocation alone cannot be used as a reason to support custody modification.

Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg
10A05-1102-PL-68
Civil plenary. Grants rehearing and affirms original opinion in all respects. Finds neither of Isgrigg’s assertions on rehearing are meritorious.

Carolyn Boss v. State of Indiana
49A05-1106-CR-320
Criminal. Remands with instructions to vacate Boss’ convictions and sentences for harboring a non-immunized dog as Class B misdemeanors and enter a determination that she committed harboring a non-immunized dog as Class C infractions. Affirms convictions of six counts of Class A misdemeanor failure to restrain a dog and sentence.

Steinrock Roofing & Sheet Metal Inc. v. James S. McCulloch, PNC Bank, N.A.
22A05-1108-CC-457
Civil collection. Affirms the trial court’s determination that Steinrock Roofing breached the contract and affirms award of damages to McCulloch in a dispute over payment for work completed. Substantial evidence was presented establishing the contractor’s work was deficient. The trial court properly concluded that the contractor had waived any claim to reduce the damage under the Home Improvement Warranties statute.

Lewis J. Richardson and Laurel Richardson v. Board of Commissioners of Owen County
60A01-1106-PL-228
Civil plenary. Affirms finding that the Richardsons lacked standing as an aggrieved party to remonstrate against the vacation of a roadway leading to a cemetery. The Richardsons are not abutting landowners to the vacated roadway and have failed to demonstrate that they have sustained an injury that is unique or special to them.

Imperial Insurance Restoration & Remodeling, Inc. v. James Costello
10A05-1109-SC-478
Small claim. Reverses order granting judgment in favor of Costello on Imperial Insurance’s claims for breach of contract. Although Imperial provided a contract to Costello that it concedes did not satisfy requirements of the Indiana Home Improvement Contracts Act, that non-compliance did not automatically render the contract void. Concludes that the contract is enforceable and should not be voided. Remands with instructions to enter judgment in favor of Imperial for $669.86 and to hold a hearing to determine contractual interest due and if attorney fees or other costs are warranted.

Bilsland, LLC, LPM Investments, LLC, Phillip D. Mervis, Louis Mervis, Henry Bilsland, Justin Bilsland, and Biosafe Engineering, LLC v. Bradley D. Crain and Richard J. Redpath (NFP)
32A01-1106-PL-266
Civil plenary. Affirms grant of an Indiana Trial Rule 12(B)(8) motion by Crain and Redpath to dismiss the appellants’ claim.

Delmar J. Kent v. State of Indiana (NFP)
39A01-1105-CR-234
Criminal. Affirms conviction of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.

In Re the Paternity of: B.H. by next friend: B.C. (Father) v. D.H. (Mother) (NFP)
49A04-1106-JP-311
Juvenile. Affirms denial of father’s requests to place B.H. in a different school district and to grant him joint physical and/or legal custody.

Andrew Abbott v. State of Indiana (NFP)
33A04-1109-CR-545
Criminal. Affirms sentence following guilty plea to Class A misdemeanor trespass.

State of Indiana, Little Calumet River Basin Development Commission v. Gary Murphy and Lake County Treasurer (NFP)
45A03-1106-PL-261
Civil plenary. Affirms jury verdict of $332,172 in damages to Murphy and the Lake County Treasurer for multiple easements placed on Murphy’s property by the development commission.

J.R.T. v. State of Indiana (NFP)
20A03-1110-JV-477
Juvenile. Affirms commitment to the Department of Correction.

Vicky L. Tisdial v. State of Indiana (NFP)
29A05-1011-CR-728
Criminal. Reverses denial of petition requesting expungement of arrest record.

Derrick L. Myers v. State of Indiana (NFP)
49A02-1106-CR-508
Criminal. Affirms revocation of probation.

Aaron Isby v. State of Indiana (NFP)
48A02-1107-CR-774
Criminal. Affirms denial of Isby’s motions to compel his original trial counsel to produce all documents relating to his 1992 trial and for copies of his preliminary hearing transcript and the transcripts of three depositions taken leading up to his 1992 trial.

Gerald McKinney v. State of Indiana (NFP)
71A04-1108-CR-450
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.

Rondell Boyd v. State of Indiana (NFP)
49A02-1108-CR-725
Criminal. Affirms three convictions of Class C felony child molesting.

K.J. v. Review Board of the Indiana Dept. of Workforce Development and T.N.V.A.H. (NFP)
93A02-1106-EX-634
Agency appeal. Affirms denial of unemployment benefits.

DeCarlos J. Freeman v. State of Indiana (NFP)
20A04-1111-CR-619
Criminal. Affirms convictions of resisting law enforcement – one as a Class D felony and one as a Class A misdemeanor – following a guilty plea.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT