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Opinions March 30, 2012

March 30, 2012
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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.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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