ILNews

Opinions Oct. 13, 2011

October 13, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

ADVERTISEMENT