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Opinions Oct. 13, 2011

October 13, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
George Michael True v. State of Indiana
39A04-1102-CR-37
Criminal. Reverses conviction of Class A misdemeanor domestic battery. There was no serious evidentiary dispute about whether the battery was committed in the presence of the children. Instructing the jury that it could convict True of a Class A misdemeanor domestic battery instead of as a Class D felony improperly invited the jury to reach a “compromise” verdict. Remands for proceedings consistent with the opinion.

LeChann Davis v. State of Indiana
49A02-1103-CR-184
Criminal. Affirms conviction of Class C felony child molesting. Any abuse of discretion to allow E.S.’s mother’s testimony that E.S. told her that Davis pinched his bottom during Davis’ bench trial was harmless. There is sufficient evidence to support the conviction.

Holiday Hospitality Franchising Inc. v. AMCO Insurance Company
33A01-1103-CT-104
Civil tort. Reverses summary judgment for AMCO Insurance Co. in a suit for negligent hiring, retention and/or supervision. The alleged negligent acts give rise to an “occurrence” under the circumstances of the case and a genuine question of material fact remains regarding whether R.M.H. was in the hotel’s “care, custody or control.” Remands for further proceedings.

Jeffrey D. Lacher, et al. v. Review Board of the Indiana Dept. of Workforce Development and Bemis Co., Inc.
93A02-1102-EX-163
Agency appeal. Affirms denial of employees’ claims for unemployment benefits. The evidence does not support an inference that the employees were locked out of work; it supports the conclusion that an impasse had been reached on the issue of the temporary employee clause.

William Anderson v. Alicia Jones (NFP)
29A02-1104-DR-311
Domestic relation. Affirms order apportioning educational expenses for the couple’s eldest daughter and uninsured medical expenses for the couple’s youngest child.

Stacy A. Jenkins v. State of Indiana (NFP)
63A01-1102-CR-050
Criminal. Affirms revocation of probation and order Jenkins serve the balance of his sentence in the Department of Correction.

Jamar Alston v. State of Indiana (NFP)
49A02-1103-PC-307
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of William Scott Mitchell v. Crystal Hope Bailey (NFP)
88A01-1102-DR-72
Domestic relation. Affirms distribution of property and remands for clarification.

Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Reverses denial of Associated Estates Realty Corp.’s motion for relief from a default judgment and remands for further proceedings.

D.L. v. State of Indiana (NFP)
49A02-1101-JV-109
Juvenile. Affirms adjudication as a delinquent juvenile for committing what would be burglary and theft if committed by an adult.

In Re: The Paternity of K.K.A. v. D.J.K. (NFP)
82A01-1103-JP-94
Juvenile. Reverses grant of petition for name change filed by father D.J.K. regarding child K.K.A.

Philip Walker, Sr. v. State of Indiana (NFP)
34A02-1101-CR-112
Criminal. Affirms sentence for Class C felony battery and Class D felony cocaine possession.

Metro Health Professionals Inc. v. Carmel Chrysler Jeep Dodge, Inc., d/b/a Champion Chrysler Jeep Dodge (NFP)
06A01-1105-CT-214
Civil tort. Affirms order awarding Metro Health Professionals $3,500 in attorney fees instead of the $37,737.50 that it requested.

Bruce A. White, Jr. v. State of Indiana (NFP)
20A03-1101-CR-28
Criminal. Affirms conviction of and 65-year sentence for murder.

Cindi M. Hrovat v. Thomas W. Kirchner (NFP)
84A01-1102-DR-31
Domestic relation. Affirms order denying Hrovat’s verified notice of intent to relocate.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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