ILNews

Opinions Oct. 14, 2010

October 14, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
TRW Vehicle Safety Systems, Inc., and Ford Motor Company v. Sally J. Moore, personal representative of the estate of Daniel A. Moore, deceased  
73S05-0909-CV-404
Civil. Reverses allocation of fault to Daniel Moore, Ford Motor Co., nonparty Goodyear Tire, and TRW Vehicle Safety Systems in a wrongful death suit. Reverses judgment of $1.25 million entered against TRW, reverses determination of total damages and remands for retrial to allocate 100 percent of the fault between Moore and Ford and re-determine the total damages subject to fault allocations unless the estate accepts remittitur as specified.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Town of Culver Board of Zoning Appeals v. Roderick J. Ratcliff and Pamela A. Ratcliff
50A03-1004-MI-179
Miscellaneous. Affirms judgment in favor of the Ratcliffs on their petition for writ of certiorari from an adverse decision of the Board of Zoning Appeals. The storage sheds on a landscaped gravel lot supplied with electricity aren’t considered “structures” within the definition of Culver’s zoning ordinances.

Claudette Gee v. Green Tree Servicing, LLC
27A02-1003-MF-304
Mortgage foreclosure. Affirms denial of Gee’s motion to set aside the sheriff’s sale of her property. The sheriff complied with Indiana Code Section 32-29-7-3(e)’s requirement that notices of the sale be posted “at the door of the courthouse” when the notice was posted at the temporary court offices instead of the permanent courthouse, which was under renovation.

D.C. v. State of Indiana
49A02-1002-JV-100
Juvenile. Affirms the juvenile court didn’t abuse its discretion in ordering a commitment to the Department of Correction. Reverses order of both a determinate and indeterminate commitment. Because I.C. Section 31-37-19-10 is applicable to D.C., he is subject to a determinate commitment of up to 2 years in an authorized facility. Remands to issue a new dispositional order.

In the Matter of the Adoption of K.F. and T.F.; B.F. v. L.F.
47A04-1006-AD-373
Adoption. Affirms grant of stepmother L.F.’s petition for adoption of B.F.’s minor children. The evidence is sufficient to show mother had the ability to pay child support but did not, and that she is unfit to be a parent.

M.R., M.R., F.R., and K.R., Alleged to be CHINS; F.T. v. IDCS and Child Advocates
49A05-1002-JC-140
Juvenile. Vacates parental participation decree with regard to the alleged father of one of the children and remands for further proceedings. F.T.’s paternity of F.R. has never been established and certain procedural prerequisites for a parental participation decree weren’t followed.

Term. of Parent-Child Rel of J.P., et al; A.P. and A.P. v. I.D.C.S. and Child Advocates (NFP)
49A02-1003-JT-385
Juvenile. Affirms termination of parental rights.

Lisa A. Fowler v. State of Indiana (NFP)
34A04-1003-CR-171
Criminal. Affirms sentence following guilty plea to possession of cocaine within 1,000 feet of a youth program center as a Class B felony.

Jarrod S. Snyder v. State of Indiana (NFP)
57A05-1003-CR-155
Criminal. Affirms revocation of probation and order Snyder serve the entire suspended portion of his sentence.

Mark Thomas v. State of Indiana (NFP)
49A02-1002-CR-193
Criminal. Affirms sentence for Class C felony burglary, Class D felony attempted theft, Class B misdemeanor criminal mischief, and determination Thomas is a habitual offender.

Timothy Williams v. State of Indiana (NFP)

49A02-1003-CR-308
Criminal. Affirms convictions of Class B felony attempted robbery, Class C felony battery, and Class A misdemeanor carrying a handgun without a license.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1003-CR-428
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT