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Opinions May 30, 2012

May 30, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Clifton Ervin v. State of Indiana
29A05-1109-CR-454
Criminal. Affirms grant of a portion of Ervin’s motion to suppress. The trial court properly determined that the evidence seized by the uniformed on-duty police officers should not be suppressed pursuant to the exclusionary rule. Remands for trial.

James Androusky, II, Individually and as Personal Rep. of the Estate of James Androusky, III, Deceased v. Cole A. Walter and Tammra Androusky
83A01-1103-CT-137
Civil tort. Affirms jury verdict in favor of Cole in a wrongful death action following the drowning death of James Androusky II’s son. The trial court did not abuse its discretion by instructing the jury regarding licensee versus invitee status, on abandonment under the Child Wrongful Death Act, regarding a state administrative pool safety regulation, or on the effect of a parent’s failure to supervise his or her child around a known or obvious condition upon the land.  

Dianne L. Perkins v. Jeffrey Stesiak, and Pfeifer, Morgan and Stesiak
71A03-1111-PL-521
Civil plenary. Affirms summary judgment for Jeffrey Stesiak and the law firm in Perkins’ legal malpractice action against Stesiak for not filing her claim for emotional distress against a school district. Perkins does not have a viable claim for negligent infliction of emotional distress under the bystander theory of recovery or Indiana’s modified impact rule.

Term. of Parent-Child Rel. of D.K.; O.K. v. Indiana Department of Child Services
22A01-1110-JT-485
Juvenile. Affirms termination of parental rights. There is clear and convincing evidence that the conditions that led to D.K.’s initial removal and continued placement outside of the mother’s care would not be remedied.

Donald Everling v. State of Indiana (NFP)
29A04-1108-CR-487
Criminal. Affirms conviction of Class D felony theft.

In Re the Term. of the Parent-Child Rel. of J.R.: K.C. v. The Indiana Dept. of Child Services (NFP)
15A04-1110-JT-587
Juvenile. Affirms involuntary termination of parental rights.

Kamal El-Adnani v. State of Indiana (NFP)
02A03-1109-CR-463
Criminal. Affirms convictions of and sentence for Class B felonies battery resulting in serious bodily injury and neglect of a dependent resulting in serious bodily injury.

The Estate of Rose Graves v. Anonymous Nursing Home (NFP)
45A03-1112-CT-560
Civil tort. Affirms grant of a motion to dismiss the estate’s proposed medical malpractice complaint against Anonymous Nursing Home.

David E. Schalk v. Yellow Book Sales and Distribution Co., Inc. (NFP)
53A05-1110-CC-535
Civil collection. Affirms summary judgment in favor of Yellow Book Sales and Distribution Co. regarding its breach of contract claim against Schalk for advertising services that it provided.

Robert Allen Barker v. State of Indiana (NFP)
36A05-1108-CR-401
Criminal. Affirms sentence for conviction of murder and adjudication as a habitual offender.

Mitchell L. Rogers v. State of Indiana (NFP)
48A02-1110-PC-1028
Post conviction. Affirms convictions of Class B felonies criminal deviate conduct and battery. Remands with instructions to vacate the conviction of Class D felony sexual battery and reinstate the conviction of criminal confinement as a Class D felony and impose a sentence consistent with the instructions of the opinion.

Melvin Bishop v. State of Indiana (NFP)
49A04-1101-CR-1
Criminal. Grants rehearing for the limited purpose of addressing Bishop’s arguments and clarifying original analysis. Affirms opinion in all respects. Judge Brown concurs and dissents.

 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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