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
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
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
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.
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)
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)
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)
Post conviction. Affirms denial of petition for post-conviction relief.

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

Associated Estates Realty Corporation v. Angela Mason (NFP)
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)
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)
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)
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)
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)
Criminal. Affirms conviction of and 65-year sentence for murder.

Cindi M. Hrovat v. Thomas W. Kirchner (NFP)
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. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon