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Opinions May 9, 2013

May 9, 2013
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Indiana Court of Appeals
Bonnie Moryl, as Surviving Spouse and Personal Rep. of the Estate of Richard A. Moryl, Deceased v. Carey B. Ransone, M.D.; La Porte Hospital; Dawn Forney, RN; Wanda Wakeman, RN BSBA; et al.
46A04-1112-CT-710
Civil tort. Affirms summary judgment for the defendants, on which the trial court determined that Bonnie Moryl’s proposed complaint for medical malpractice was not timely filed with the Indiana Department of Insurance. The trial court properly found that her complaint sent to the DOI by FedEx was filed one day late under the two-year statute of limitations.

G.H. v. State of Indiana
49A02-1207-JV-532
Juvenile. Reverses adjudication that G.H. committed what would be Class D felony criminal gang activity if committed by an adult. The state failed to prove he had a specific intent to further a gang’s criminal goals, which is necessary to sustain an adjudication.

In Re: the Paternity of M.R.; A.K. v. J.R. (NFP)
50A03-1211-JP-457
Juvenile. Affirms custody modification order granting father J.R. physical custody of M.R.

Ronald L. Hoffman and Christy G. Hoffman, and Johnson Sunnybrook Farm, LLC, an Indiana Limited Liability Co. v. Lake Co. Indiana, a unit of government, its County Council, et al. (NFP)

45A03-1206-PL-291
Civil plenary. Affirms summary judgment for Singleton Stone as the opposed landowners to the rezoning had no standing to challenge the rezoning.

Bradley Ryan v. State of Indiana (NFP)
34A02-1211-CR-921
Criminal. Affirms convictions of murder and Class A felony robbery resulting in serious bodily injury.

Eldon E. Harmon v. State of Indiana (NFP)

20A05-1212-CR-634
Criminal. Affirms 16-year sentence for Class B felony dealing in methamphetamine.

James Q. Bryant v. State of Indiana (NFP)
49A02-1211-PC-869
Post conviction. Affirms denial of petition for post-conviction relief.

Carmell D. Nelson v. State of Indiana (NFP)

02A03-1208-CR-349
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Mark A. Centofante v. State of Indiana (NFP)

49A05-1207-CR-360
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Demetrick Cameron v. State of Indiana (NFP)
48A02-1209-CR-733
Criminal. Affirms revocation of probation for failure to pay child support.

Deborah Chandler v. State of Indiana (NFP)
15A04-1211-CR-560
Criminal. Affirms revocation of probation and order Chandler serve 10 years of her 16-year suspended sentence in the Department of Correction.

LP XXIV, LLC d/b/a Las Palmas Apartment Homes and SLS Management, Inc. v. American Family Mutual Insurance Company and Carl Long (NFP)

49A04-1207-PL-340
Civil plenary. Affirms denial of Las Palmas’ and SLS’s motion for summary judgment on the issue of agency.

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

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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