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Opinions May 13, 2013

May 13, 2013
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Indiana Court of Appeals
Joseph Matheny v. State of Indiana
49A04-1207-CR-347
Criminal. Grants petition for rehearing to clarify that the previous holding – that the trial court’s refusal of Matheny’s tendered instruction constituted error in light of Santiago v. State and Albores v. State – does not conflict with those cases. The judges reaffirmed their original decision which affirmed the Class D felony auto theft conviction and found that although the trial court erred in refusing to give the instruction regarding the jury’s duty to conform the evidence to the presumption that the defendant is innocent, the error was harmless.

First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Indiana, on Behalf of the Indiana Dept. of Insurance
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/may/05131301mgr.pdf  
49A04-1206-PL-326
Civil plenary. Affirms denial of the commissioner’s motion to dismiss. Reverses the denial of First American’s verified petition for judicial review and declaratory relief against Robertson, and remands with instructions to grant the petition. The commissioner waived his claim regarding exhaustion of administrative remedies by waiting to raise the issue for the first time on appeal. The commissioner’s failure to comply with the statutory deadline rendered his order void and the trial court erred by requiring a separate showing of prejudice.

David D. Kiely v. Kathryn Starnes-Kiely (NFP)
14A05-1208-DR-430
Domestic relation. Remands division of marital estate property to the trial court for clarification.

Vickie Fenoglio as Personal Representative of the Estate of Paul Fenoglio v. Boguslaw Gluszak, M.D. and Steve Robertson, Commissioner of the Indiana Dept. of Ins. and Boguslaw Gluszak, M.D. (NFP)
84A01-1211-PL-513
Civil plenary. Affirms summary judgment in favor of Boguslaw Gluszak M.D. on a proposed medical malpractice complaint.

Stephen Harriman and Elena Ivanova v. Smith Brothers Ultimate Builders, Inc. (NFP)
41A01-1210-SC-460
Small claim. Affirms judgment in favor of Smith Brothers on a breach of contract claim.

Paul Komyatti, Jr. v. The Consolidated City of Indianapolis-Marion County and Citizens Energy Group (NFP)
49A04-1209-CT-445
Civil tort. Affirms summary judgment for the city and Citizens Energy on Komyatti’s lawsuit after he hit a pothole while on his bicycle and was injured.

Chris Griner v. State of Indiana (NFP)
49A02-1208-CR-656
Criminal. Affirms conviction of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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