ILNews

Opinions Oct. 19, 2011

October 19, 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
Alan Massey v. State of Indiana
49A05-1012-PC-808
Post conviction. Affirms denial of petition for post-conviction relief. Even though the jury was improperly instructed regarding the elements of voluntary manslaughter, Massey wasn’t entitled to the voluntary manslaughter instruction because his girlfriend’s words ending their relationship do not constitute sufficient provocation to induce sudden heat. He also failed to carry his burden to show that the sentencing issue was significant.

Mark S. Weinberger, M.D., Mark S. Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC and Nose and Sinus Center, LLC v. William Boyer
45A03-1011-CT-598
Civil tort. Affirms award of $300,000 in damages to William Boyer following his complaint for medical malpractice. The trial court properly denied the Weinberger entities’ motion for change of judge; did not abuse its discretion when it failed to strike jurors for cause; the testimony on Weinberger’s breach of his standard of care, the result of Boyer’s EKG, and evidence of Weinberger’s flight and absence from the country were properly admitted; and the jury award was not excessive. Affirms in all other respects.

Carolyn S. Baird v. State of Indiana
82A01-1106-CR-185
Criminal. Affirms convictions of infractions for operating a motor vehicle without financial responsibility, failure to register and failure to have the proper license for operating a motorcycle. The evidence was sufficient to support these convictions. Reverses her conviction of Class A misdemeanor driving while suspended with a prior conviction because there was insufficient evidence. Remands with instructions to enter a conviction of the lesser included offense of driving while suspended, a Class A infraction.

Barker Industrial Park, Inc., Clara Barker and Charles E. Barker v. Ken Cut Lawn Service, Inc. (NFP)
49A05-1104-PL-201
Civil plenary. Reverses attorney fee award to the Bakers and remands for recalculation. Also on remand, the trial court should explain its prejudgment interest calculation and correct its total judgment calculation.

Marquinn McGruder v. State of Indiana (NFP)
49A04-1102-CR-29
Criminal. Affirms convictions of Class A misdemeanors carrying a handgun without a license and possession of marijuana.

Zachary Thomas v. State of Indiana (NFP)
49A02-1009-CR-1143
Criminal. Affirms conviction of Class D felony residential entry.

Remy Inc. v. Ice Miller LLP and Kathy S. Kiefer (NFP)
49A02-1012-CT-1419
Civil tort. Affirms summary judgment for Ice Miller and Kiefer on Remy’s legal malpractice claim.

Jeffrey J. Whitmer v. Nancy J. Whitmer (NFP)
85A02-1103-DR-283
Domestic relation. Affirms in part and reverses in part the order that set aside substantial sums to Nancy following the sale of property at auction for expenses she claimed to have incurred, as most of the expenses she requested were either untimely raised or were an improper attempt to relitigate the equal property distribution. Remands with instructions.

Danny L. Slaven v. State of Indiana (NFP)
18A02-1101-PC-116
Post conviction. Affirms in part and reverses in part the denial of petition for post-conviction relief. Remands for resentencing.

Darren B. Stone v. State of Indiana (NFP)
51A01-1103-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.

K.B.S. v. State of Indiana (NFP)
71A04-1104-JV-251
Juvenile. Affirms order placing K.B.S. at a private residential facility after the juvenile court found she committed what would be Class A misdemeanor criminal conversion if committed by an adult.

Christopher Davies v. State of Indiana (NFP)
34A05-1103-CR-136
Criminal. Affirms order Davies serve the 18-month balance of his suspended sentence following a probation violation.

Kevin Legg v. State of Indiana (NFP)
49A02-1102-CR-76
Criminal. Affirms convictions of Class B felony rape, Class B felony criminal deviate conduct and Class D felony criminal confinement.

James Lee v. State of Indiana (NFP)
49A04-1103-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.

Sergio Esqueda v. Alfredo and Maria Ponce (NFP)
93A02-1105-EX-476
Agency appeal. Affirms denial of application for adjustment of claim.

Valentin Jaramillo v. State of Indiana (NFP)
76A03-1103-PC-125
Post conviction. Affirms denial of petition for post-conviction relief.

Rumero Ziebell v. State of Indiana (NFP)
82A01-1012-PC-694
Post conviction. Affirms in part and reverses in part the denial of Ziebell’s petition for post-conviction relief. Remands for the post-conviction court to order the habitual offender enhancement in the murder case to be served concurrent with the habitual offender enhancement in the drug case.

Ayron Saylors v. State of Indiana (NFP)
27A05-1102-PC-99
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT