Opinions May 26, 2011

May 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jerry French, et al. v. State Farm Fire & Casualty Company
Civil plenary. Affirms the trial court properly denied summary judgment for both parties on the question of whether the insurance policy terms covered the cost of replacing the Frenches’ manufactured home with a stick-built one. Remands with instructions to enter summary judgment in favor of State Farm on the Frenches’ coverage-by-estoppel claim because there is no dispute that coverage exists; to enter summary judgment for the Frenches on the question of reformation of the policy based on mutual mistake of fact and rescission of the policy based on concealment of material facts by the Frenches. Remands for trial on whether State Farm should be liable for the costs of a stick-built home.

Brian Kendrick v. State of Indiana
Criminal. Vacates Kendrick’s two Class C felony feticide convictions on double jeopardy grounds because the evidentiary facts used to establish those convictions established all of the elements of the Class A felony attempted murder conviction. Remands for re-sentencing on the remaining counts. The trial court did not abuse its discretion in finding a witness unavailable for trial. There was no prosecutorial misconduct that would entitle Kendrick to a new trial.

Alaska Seaboard Partners Limited Partnership v. Gerald Hood, et al.
Mortgage foreclosure. Affirms summary judgment in favor of Hendricks County Bank, the McDonalds, and the Boutots and denial of Alaska Seaboard’s cross-motion for summary judgment in Alaska’s mortgage foreclosure action. Alaska’s foreclosure action is barred by the doctrines of collateral and judicial estoppel. Affirms award of attorney fees to Hendricks County Bank, the McDonalds, and the Boutots.

Term. of Parent-Child Rel. of A.A.; R.A. v. IDCS (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Michelle D. Breedlove v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Donald E. Bunting v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class C felony possession of at least three grams of methamphetamine.

Term. of Parent-Child Rel. of J.M., et al.; M.M. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Daniel R. Penticuff v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated and in a manner that endangered a person.

Marlon Snead v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony residential entry and remands with instructions to re-sentence Snead.

Douglas McCorkle v. Alesia McCorkle (NFP)
Domestic relation. Reverses custody order and remands for a re-determination of custody.

Dennis Mysliwy v. Teresa Mysliwy (NFP)
Protective order. Affirms issuance of protective order against Dennis Mysliwy.

Elysia B. Souders v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...