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Opinions Nov. 21, 2013

November 21, 2013
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Indiana Court of Appeals
B.R., a Minor, by his Guardian, Teresa Todd v. State of Indiana, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center
55A05-1212-CT-639
Civil tort. Reverses grant of Adult and Child Mental Health Center’s Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The allegations in B.R.’s complaint, i.e. that his case manager negligently placed him with the respite therapeutic foster parents and negligently failed to inform the foster parents that B.R. was an overly active child known to run from adults and escape his home, are not directly related to any medical care B.R. received from the Health Center. Furthermore, the foster care placement was not made by a health care professional. Because B.R.’s claims sound in general negligence, his claims fall outside the Medical Malpractice Act.

Germaine Jones v. State of Indiana (NFP)
49A02-1305-CR-396
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.

Arthula Miller v. State of Indiana (NFP)
49A05-1212-PC-664
Post conviction. Affirms denial of petition for post-conviction relief.

Jennifer K. Stevenson v. David C. Stevenson (NFP)
11A01-1304-DR-160
Domestic relation. Affirms order awarding primary physical and legal custody of two minor children to father David Stevenson.

Keith Eller, Nathaniel Hall, and Jeffrey Tatum v. City of Gary, Gary Police Civil Service Commission, and Vergie Thornton (NFP)
45A04-1212-PL-662
Civil plenary. Affirms the grant of summary judgment against Hall and Tatum and reverses the grant of summary judgment against Eller on the complaint seeking damages, declaratory judgment and injunctive relief. Determines as a matter of law that the commission violated its own rules, as well as local ordinance, when it failed to process Eller’s appeal of his exam score. The commission, however, did not violate its rules when it denied Eller’s request to review his written exam. Remands this cause to the trial court for further consideration of Eller’s complaint.

Matthew Schrock v. State of Indiana (NFP)
44A03-1302-CR-65
Criminal. Reverses conviction of Class B misdemeanor reckless driving. Remands for judgment to be entered for speeding and disregarding a stop sign.

Stephanie A. Johnson v. Eric Edward Powell (NFP)
26A04-1304-DR-159
Domestic relation. Affirms custody modification awarding primary physical custody of two minor children to father Eric Edward Powell.

Andrew Lee Watts v. State of Indiana (NFP)
64A01-1208-CR-344
Criminal. Affirms conviction of Class A felony dealing in cocaine.

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

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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