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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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