ILNews

Opinions May 19, 2011

May 19, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline May 18:

Cassie E. Pfenning v. Joseph Lineman, et al.
27S02-1006-CV-331
Civil. On transfer, affirms summary judgment in favor of the golfer, Joseph E. Lineman, and the Marion Elks Country Club Lodge #195. Reverses summary judgment granted to Whitey's 31 Club, Inc. and to the estate of the grandfather, Jerry A. Jones. Holds that the grandfather was responsible for exercising reasonable care in the supervision of the plaintiff, who was injured when she was left unsupervised on a golf cart. States that undisputed facts shown in the materials designated on summary judgment fail to conclusively establish a lack of duty on the part of Whitey's or the absence of a breach of duty or proximate cause. Remands for further proceedings.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James S. Tracy v. Steve Morell, et al.
59A01-1009-PL-488
Civil plenary. Affirms trial court’s ruling that James Tracy failed to meet his burden of proof on his fraud claim in the sale of a tractor. Reverses court’s ruling that Tracy owed a balance on the promissory note, stating the contract for sale of the tractor is because there was a mutual mistake of fact between the parties and the contract violates public policy. Holds that Tracy is entitled to the contract for sale of the tractor and to a money judgment in the amount he has paid on the note together with interest.

Tameka Caldwell v. State of Indiana (NFP)
49A02-1007-CR-751
Criminal. Affirms sentences for two counts of Class C felony forgery, one count of Class D felony perjury, and two counts of Class D felony auto theft.

Mark Kramer, et al. v. Kramer Furniture and Cabinet Makers, Inc., et al. (NFP)
71A04-1008-PL-599
Civil plenary. Affirms entry of judgment in favor of Kramer Furniture and Cabinet Makers on Kramer Furniture’s complaint on account, for breach of contract and unjust enrichment on the Kramers’ counterclaim, and on the Kramers’ third-party complaint against Thomas Kramer.

Nathaniel Dawn v. State of Indiana (NFP)
49A02-1010-CR-1136
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

A.B. v. State of Indiana (NFP)
49A04-1010-JV-668
Juvenile. Affirms admission of contraband evidence. A.B. was not in custody when during a pat-down search police the found the contraband evidence, meaning A.B. was not entitled to a Miranda warning.

Carl C. Tucker v.State of Indiana (NFP)
05A05-1010-CR-779
Criminal. Affirms convictions for Class C felony operating a motor vehicle while privileges are forfeited for life and Class A misdemeanor resisting law enforcement. Affirms aggregate sentence of eight years.

Robert A. Nelson, Jr. v. State of Indiana (NFP)
91A02-1012-CR-1291
Criminal. Affirms conviction for Class C felony disarming a law enforcement officer.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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