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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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  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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