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Opinions May 29, 2014

May 29, 2014
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The following opinions were posted after IL deadline Wednesday:
Indiana Supreme Court

Stacy Smith and Robert Smith, Individually and as Co-Personal Representatives of the Estate of Johnny Dupree Smith, Deceased v. Delta Tau Delta, Inc. and Beta Psi Chapter of Delta Tau Delta, et al.
54S01-1405-CT-356
Civil tort. Affirms summary judgment in favor of national fraternity Delta Tau Delta on the Smiths’ wrongful death complaint. There is no designated evidentiary material that shows that the national fraternity had a right to exercise direct day-to-day oversight and control of the behavior of the activities of the local fraternity and its members. Concludes as a matter of law that an agency relationship does not exist between the national fraternity and the local fraternity or its members.

Larry Robert David, II, as Special Administrator of the Estate of Lisa Marie David, Deceased v. William Kleckner, M.D.
49S02-1405-MI-355
Miscellaneous. Reverses summary judgment in favor of Kleckner on David’s wrongful death medical malpractice complaint. Kleckner is not entitled to summary judgment on his defense asserting the medical malpractice statute of limitations.

Indiana Tax Court
David A. McKeeman, Sr., and Karen A. McKeeman v. Steuben County Assessor
02T10-1104-TA-31
Tax. Affirms Indiana Board of Tax Review’s decision upholding the McKeemans’ 2006 real property assessment. The board did not err in rejecting their claim regarding establishment of their neighborhood, the McKeemans have not shown that the board erred in upholding the $5,900 base rate applied to their land, and they have not shown that the board erred in concluding that their sales comparison analysis lacked probative value.

Thursday’s opinions
Indiana Supreme Court

Derek Asklar and Pauline Asklar v. David Gilb, Paul Garrett Smith d/b/a P.H. One Trucking, Empire Fire & Marine Insurance Co. d/b/a Zurich Northland Insurance Co., Travelers Indemnity Co. of America
02S03-1305-CT-332
Civil tort. Reverses summary judgment order capping Empire Fire and Marine Insurance Co.’s liability for uninsured motorist coverage at $75,000. Indiana law applies because the truck at issue was registered and garaged in Indiana. But issues of material fact remain regarding the applicable level of coverage. Remands for further proceedings.

Indiana Court of Appeals
Floyd William Treece v. State of Indiana
79A05-1309-CR-458
Criminal. Affirms revocation of community corrections placement. The Tippecanoe County Community Corrections had the authority to reject Treece from his placement in community corrections for a violation he committed while in the community transition program. He committed an act of violence, so the trial court did not abuse its discretion in revoking his community corrections placement. Remands for clarification of sentencing order.

Guardianship of Phyllis D. Hayes, an Adult, Joann Hayes and Dianna Hale v. Kenneth J. Hayes
52A02-1308-GU-751
Guardianship. Affirms denial of Hayes’ and Hale’s motion for summary judgment and the trial court order concluding that the execution of an option contract by their mother, Phyllis Hayes, to their brother was enforceable. The trial court’s conclusion that their mother was not acting under undue influence when she executed the option contract was not clearly erroneous.

Indianapolis Metropolitan Police Department v. Donald A. Prout
49A04-1305-CR-236
Criminal. Affirms grant of Prout’s petition to expunge his arrest record. The trial court did not abuse its discretion in concluding that no offense was committed and that no probable cause existed to support either the filing or the prosecution of the charges. Prout, a sheriff’s deputy, was charged with four counts of Class D felony theft for allegedly working as a security guard while being paid by the Marion County Sheriff’s Office.

Mauricio Reyes-Flores v. State of Indiana (NFP)
49A05-1310-CR-502
Criminal. Affirms convictions of Class C felony criminal recklessness and Class A misdemeanor domestic battery.

Lance Stover v. State of Indiana (NFP)
49A05-1310-CR-507
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Holly and Christopher Dunn, Holly and Benjamin Rothenbush, and Tomi and Michael Meyer v. Kathryn Davis and For the Children Medical Mission Foundation, Inc. (NFP)
02A03-1307-PL-269
Civil plenary. Affirms summary judgment to For the Children Medical Mission Foundation on breach of contract and fraud claims.

Anthony Flores v. Blake A. Hudson (NFP)
02A03-1307-PO-279
Protective order. Affirms dismissal of petition for the protective order sought against Hudson.

Ray A. Chamorro v. State of Indiana (NFP)
91A05-1309-CR-445
Criminal. Affirms murder conviction.

Danny Shane Claspell v. State of Indiana (NFP)
18A02-1310-CR-880
Criminal. Affirms conviction of Class C felony child molesting but reverses sentence and remands for it to be reduced to the advisory sentence of four years.

Dejuan D. Cox v. State of Indiana (NFP)
32A01-1310-CR-437
Criminal. Affirms conviction of Class B felony dealing in cocaine; reverses the sentencing order in part and remands for further proceedings.

Robert L. McFall v. State of Indiana (NFP)
62A05-1309-CR-446
Criminal. Affirms conviction of Class A felony dealing methamphetamine within 1,000 feet of a school. Remands for further sentencing proceedings on the charge of possession of paraphernalia.

Akeem Turner v. State of Indiana (NFP)
49A02-1310-CR-900
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Steven Sullivan v. State of Indiana (NFP)
49A02-1309-CR-750
Criminal. Affirms denial of petition to issue order terminating parole.

Gabriel Senteney v. State of Indiana (NFP)
49A02-1309-CR-818
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Latroya Rucker v. State of Indiana (NFP)
49A02-1311-CR-918
Criminal. Affirms order that Rucker pay $240 in restitution to the owner of the vehicle whose windshield she smashed.

Betty Woods v. State of Indiana (NFP)
49A02-1309-CR-805
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct but reverses conviction of Class A misdemeanor resisting law enforcement.

Dennis Knight v. State of Indiana (NFP)
71A03-1401-CR-40
Criminal. Affirms conviction of Class B felony robbery.

R.C. v. J.Q. (NFP)
49A04-1308-DR-425
Domestic relation. Affirms the trial court’s denial of father’s motion to continue the final hearing and concludes that father waived his claim of error under Evidence Rule 612. The trial court’s child support order is supported by the evidence. Remands with instructions to issue an order containing findings sufficient to support its decision to restrict father’s parenting time or enter a new order without the restriction.

In re the Paternity of T.T.: D.T. v. S.B. (NFP)
Juvenile. Affirms denial of petition to modify court-ordered child support for T.T.
85A02-1311-JP-1006

Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-378
Criminal. Affirms convictions and sentence for Class B felony burglary, Class B felony attempted arson, Class D felony criminal mischief and Class D felony intimidation.

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

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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