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Opinions Nov. 17, 2011

November 17, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions as of IL deadline.

Indiana Supreme Court
Indiana Spine Group, PC v. Pilot Travel Centers, LLC
93S02-1102-EX-90
Miscellaneous. Reverses decision by Worker’s Compensation Board dismissing as untimely Indiana Spine Group’s application for adjustment of claim. Holds that the Worker’s Compensation Act is silent on the question of the limitation period applicable to a medical provider’s claim seeking payment of outstanding bills for authorized treatment to an employer’s employee. Holds that the limitation period contained in the general statute of limitation controls. Remands for further proceedings consistent with opinion.

D.C. v. State of Indiana
49S02-1102-JV-116
Juvenile. Reverses trial court’s dispositional order imposing a determinate commitment of two years in the Department of Correction, to be followed by an indeterminate commitment, holding that the determinate and indeterminate commitment statutes are unambiguously mutually exclusive. Remands to the court to determine which type of commitment is appropriate.

Indiana Court of Appeals
David Hoffman v. State of Indiana
03A01-1104-CR-180
Criminal. Affirms trial court’s denial of Hoffman’s motion to dismiss, holding that he is not entitled to relief on double jeopardy grounds because the record fails to prove that being demoted by the United States Army was related to his arrest, and the Army action was not equivalent to prosecution by the state.

Jane Doe v. Roman Catholic Archdiocese of Indianapolis
49A02-1107-CT-595
Civil tort. Affirms trial court’s determination that the Roman Catholic Archdiocese of Indianapolis had no legal responsibility to continue paying for Jane Doe’s therapy costs, as the Archdiocese had been paying for counseling voluntarily.

Lindell Patterson v. State of Indiana
49A05-1102-CR-38
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana, holding that because an officer was able to discern during a pat-down search that Patterson had marijuana in his pocket, the evidence was admissible under the “plain feel” doctrine.

Shawn Brent v. State of Indiana
34A04-1105-CR-268
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana, holding that because police officers did not find marijuana on Brent or see him discard it, no proof exists of actual possession. Reverses Class B misdemeanor visiting a common nuisance based on the state’s concession that it did not prove that claim.

Larry Michael Caraway v. State of Indiana
47A01-1104-CR-162
Criminal. Reverses 65-year sentence for murder, holding that the court abused its discretion when it failed to consider Caraway’s guilty plea as a mitigator. Remands to the court for resentencing consistent with opinion.  

Bren Simon, as Personal Rep. of the Estate of Melvin Simon; and Bren Simon, as Trustee of the Melvin Simon Family Enterprises Trust Agreement v. Deborah J. Simon, Simon Property Group, Inc., et al.
29A05-1012-ES-760
Estate, supervised. Dismisses appeal, holding that because Bren Simon was dismissed as personal representative, she does not have authority to pursue an appeal in a representative capacity.

Cordell M. Wells v. State of Indiana (NFP)
84A04-1101-CR-32
Criminal. Affirms revocation of probation and trial court’s order that Wells serve two years of his previously suspended sentence.

Rissie M. Green v. Review Board of the Indiana Dept. of Workforce Development and Covenant Care Indiana (NFP)
93A02-1105-EX-421
Miscellaneous. Affirms decision by Indiana Department of Workforce Development Review Board affirming an administrative law judge’s decision to dismiss Green’s appeal.

Leroy G. Meahl v. Donna J. Meahl (NFP)
36A01-1104-DR-188
Domestic relation. Affirms trial court’s order dissolving marriage.

In Re the Marriage of: Mary K. (Butler) Weir v. Steven J. Butler (NFP)
02A05-1105-DR-287
Domestic relation. Affirms trial court’s decision in favor of Steven Butler, holding the court properly awarded child support credit for college expense payments.

Ralph Goodman v. State of Indiana (NFP)
49A02-1105-CR-435
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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