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Opinions Nov. 29, 2012

November 29, 2012
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Indiana Court of Appeals
Terry and Laura Wagler, Larry and Jennifer Wagler, Norman Wagler, and Janet and Nathan Wagler v. West Boggs Sewer District Inc.
14A01-1109-PL-427
Civil plenary. Affirms denial of the Waglers’ motions for relief from judgment pursuant to Ind. Trial Rule 60(B), and that the court did not err in directing Janet and Nathan Wagler to connect to the sewer system. Denies West Boggs’ request for appellate attorney fees.

Miles Ogea d/b/a Mo Auger Investments and Mo's Tavern v. Karamesines Credit Shelter Trust (NFP)
18A04-1206-CT-288
Civil tort. Affirms ruling that Ogea has a duty to indemnify the second trust pursuant to the lease agreement between Ogea and the trust.

H. Wayne Burnett, M.D. v. Pamela A. Burnett, M.D. (NFP)
29A02-1203-DR-180
Domestic relation. Affirms valuation of Dr. H. Wayne Burnett’s partnership interest in a medical practice and the award of expert witness fees to Dr. Pamela A. Burnett. Affirms unequal division of the marital estate.

Richard A. Childress, Jr. v. State of Indiana (NFP)

45A03-1206-PC-246
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of the Parent-Child Rel.of: M.M. (Minor Child), and S.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
85A02-1204-JT-323
Juvenile. Affirms involuntary termination of parental rights.

Corbin Bardonner v. State of Indiana (NFP)
49A05-1205-CR-231
Criminal. Affirms conviction and sentence for Class A felony child molesting.

Jamey Taskey v. State of Indiana (NFP)
67A01-1204-CR-164
Criminal. Affirms conviction of Class D felony neglect of a dependent.

David S. Healey v. State of Indiana (NFP)
33A04-1202-MI-107
Miscellaneous. Affirms denial of verified petition to remove designation as offender.

Vickie Fenoglio, as Personal Representative of the Estate of Paul Fenoglio, Deceased v. Gregory Brock, D.O. (NFP)
84A04-1202-PL-59
Civil plenary. Affirms summary judgment for Dr. Gregory Brock.

Timothy J. Gilbert v. State of Indiana (NFP)
62A01-1205-PC-213
Post conviction. Affirms denial of petition for post-conviction relief.

 

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  1. 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.

  2. 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

  3. 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.

  4. 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.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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