ILNews

Opinions Nov. 20, 2013

November 20, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Clifford and Judith Ann Garrett v. Paul and Linda Spear
23A01-1303-PL-96
Civil plenary. Affirms summary judgment for the Spears on their claims of title by acquiescence and adverse possession and denial of summary judgment for the Garrets. The trial court did not err in granting summary judgment based upon the doctrine of title by acquiescence.

Tony Sluder v. State of Indiana
03A01-1305-CR-208
Criminal. Reverses conviction of Class A misdemeanor possession of paraphernalia. The evidence was insufficient to establish that Sluder intended to use the syringe to introduce a controlled substance into his body.

Thomas Haggerty and Cathy Haggerty v. Anonymous Party 1, Anonymous Party 2, and Anonymous Party 3
53A01-1210-CT-472
Civil tort. Affirms in part and reverses in part. The trial court had jurisdiction to rule on the issue of immunity because it is an affirmative defense. Concludes that the Haggertys’ suit against the anonymous parties is barred by statutory immunity. Affirms the trial court’s grant of summary judgment, on immunity grounds, to AP1. Concludes that there is no genuine issue of material fact as to whether immunity also applies to AP2 and AP3; thus, reverses the trial court’s denial of their motion for summary judgment. Judge Baker dissents in part.

The City of Fort Wayne v. Consolidated Electrical Distributors, Inc. d/b/a All-Phase Electric Supply Co.
02A04-1306-CC-283
Civil collection. Affirms summary judgment for All-Phase on its unpaid subcontractor’s claim served on the mayor of Fort Wayne and against the city. When read in conjunction with relevant statutory provisions, I.C. 36-1-12-12 allowed All-Phase to serve notice of its unpaid subcontractor’s claim on the mayor of Fort Wayne. Also finds that All-Phase provided timely notice of its claim.

In Re The Paternity of B.B., R.B. v. T.J.
34A02-1303-JP-243
Juvenile. Affirms order modifying custody, visitation and support of B.B. to mother T.J. The court ruled that the mother was in the best position to act as B.B.’s primary caretaker and awarded her physical custody. After review, COA cannot say that the court’s findings or conclusions were clearly erroneous and concludes that the court did not abuse its discretion in granting her petition to modify custody.

John S. Paniaguas, Kathy R. Paniaguas, Woodrow Cornett, III, and Kristine E. Cornett v. Endor, Inc. et al (NFP)
45A03-1205-PL-244
Civil plenary. Affirms order that determined that the appellee homeowners’ homes were in compliance with the restrictive covenants of the subdivision.

In The Matter of The Estate of Charles W. Merlau, Deceased, Patricia Trout v. C. Thomas Cone, et al (NFP)
30A01-1304-EU-166
Estate, unsupervised. Affirms in part and reverses in part, and remands with instructions to conduct further proceedings. The successor representative improperly valued the stock, in that it should have been valued as of the date of distribution rather than on the date of the decedent’s death. All of the heirs should share equally in the payment of the taxes and the loss that was incurred on the stock. A subsequent hearing needs to be conducted that also addresses the issue of an administrative claim that the business lodged against the estate.

Dino D. Hickmon, Sr v. State of Indiana (NFP)
45A03-1305-CR-167
Criminal. Affirms 22-year sentence for two convictions of Class B felony incest.

Howard Moffitt v. State of Indiana (NFP)
49A04-1304-CR-186
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and Class C misdemeanor operating never having received a license.

Carlowe Wilson v. State of Indiana (NFP)
48A02-1304-CR-440
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a dependent child.

Tawon L. Wright v. State of Indiana (NFP)
34A02-1304-CR-368
Criminal. Affirms conviction of Class C felony possession of cocaine.

George Cunitz v. State of Indiana (NFP)
35A02-1305-CR-405
Criminal. Affirms 40-year sentence following convictions for two counts of Class B felony burglary.

Eric Rasnick v. State of Indiana (NFP)
39A01-1211-CR-526
Criminal. Affirms convictions and 36-year sentence for Class B felony burglary and Class D felony theft.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

ADVERTISEMENT