ILNews

Opinions Nov. 24, 2010

November 24, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Samuel Neal, Delores Neal and Hometown Transmissions, Inc. v. William J. Cure, et al.
49A04-0908-CV-468
Civil. Affirms summary judgment for the Cures on the Neals’ claims of environmental contamination under the Environmental Legal Act, nuisance, trespass, and negligence. The designated evidence does not, in light of the Cures' lack of involvement in or knowledge of Masterwear’s actions, give rise to a genuine issue of material fact regarding the Cures' liability for nuisance, trespass, negligence, or an ELA violation.

Estate of Doris P. Jackson, John Cox, et al. v. George R. Jackson, II, et al.
77A04-1005-ES-331
Estate. Affirms order that objectors to a sale of property, who are beneficiaries of the land, post a $100,000 cash bond. Concludes the trial court didn’t abuse its discretion by ordering a cash bond simply because it might pose a hardship and be more expensive than another form of surety.

Allied Property and Casualty Ins. v. Linda Good and Randall Good
85A04-0905-CV-240
Civil. Reverses denial of Allied’s motion for summary judgment because misrepresentations on the application for insurance made Linda Good’s policy void ab initio. Because the uncontradicted evidence indicates Linda misrepresented the Goods’ cancellation history on the application for homeowners insurance and Allied would not have issued the policy if it had known the truth about their history, the trial court erred by denying Allied’s motion for summary judgment.

Bradley Peaver v. State of Indiana
02A03-1004-PC-255
Post conviction. Affirms denial of petition for post-conviction relief. Peaver can’t prevail on his ineffective assistance of trial counsel claim. He waived the issue on appeal as to whether the trial court abused its discretion when it admitted testimony under the Protected Person Statute and there is sufficient evidence to support his conviction of Class C felony child exploitation.

St. Joseph Hospital v. Richard Cain
02A05-1006-PL-386
Civil plenary. Reverses grant of Fort Wayne Metropolitan Human Rights Commission’s motion to dismiss St. Joseph’s petition for judicial review of the HRC’s decision for lack of subject matter jurisdiction. Because the trial court had subject matter jurisdiction over St. Joseph’s unverified petition for judicial review, it improperly granted the HRC’s motion to dismiss and declined to rule on the other outstanding motions, namely St. Joseph’s motion to amend. The alleged lack of a quorum, however, was not properly raised in St. Joseph’s motion to dismiss. Remands for consideration of St. Joseph’s motion to amend.

City of Indianapolis, Metropolitan Development Commission and Indiana Sports Corporation v. Clarke Kahlo and Howard Elder, et al.
49A05-0912-CV-722
Civil. Affirms the trial court’s grant of summary judgment on the issue of whether Kahlo and Elder have standing, although on different reasoning, and reverses the denial of summary judgment on the issues of the nature of the 1985 Agreement, the applicability of Indiana Code Section 36-1-11-3, and whether the execution of the Amendment triggered the buyout provision in the restrictive covenant of the 1985 Agreement. Remands with instructions for the trial court to enter summary judgment for the City of Indianapolis and other defendants accordingly.

John P. Donovan v. State of Indiana
71A05-1003-CR-276
Criminal. Affirms conviction of Class D felony auto theft because there is sufficient evidence to support the conviction.

J.B. & J.G. v. State of Indiana (NFP)
18A02-1006-JV-679
Juvenile. Affirms adjudications for committing what would be child molesting as Class C felonies if committed by an adult.

Christopher Brinker v. State of Indiana (NFP)
33A04-1007-CR-433
Criminal. Affirms revocation of probation.

M.N. v. A.N. (NFP)
49A02-1002-DR-152
Domestic relation. Affirms order dissolving the parties’ marriage.

Tyrone A. Saunders v. State of Indiana (NFP)
35A05-0910-PC-607
Post conviction. Affirms denial of petition for post-conviction relief.

Latrina Strader v. State of Indiana (NFP)
49A05-1004-CR-235
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Roger Sloan v. State of Indiana (NFP)
49A02-1002-CR-195
Criminal. Affirms conviction of and sentence for Class B felony battery and being a habitual offender.

J.D.S. v. Review Board (NFP)
93A02-1006-EX-698
Civil. Affirms decision of the Review Board in favor M.H. on claims for unemployment benefits.

Term. of Parent-Child Rel. of J.J.; V.B. and K.J. v. I.D.C.S. (NFP)
20A04-1004-JT-226
Juvenile. Affirms termination of parent-child relationship.

MacLellan Integrated Services, Inc.v. Domineck P. Marano, II (NFP)

26A01-1006-CT-296
Civil tort. Affirms denial of MacLellan’s motion for summary judgment in Marano’s negligence action against the company.

Robert Perry v. State of Indiana (NFP)
71A03-1004-PC-266
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of M.Y., et al.; R.W.-S. v. I.D.C.S. (NFP)
45A04-1001-JT-217
Juvenile. Affirms involuntary termination of parental rights.

Tonya Peete v. State of Indiana (NFP)
49A05-1004-CR-220
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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