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Opinions Oct. 25, 2010

October 25, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Alesa Pack v. Indiana Family and Social Services Administration
89A05-1004-PL-240
Civil plenary. Reverses denial of Medicaid benefits. The administrative law judge’s decision is defective for failing to consider the totality of the evidence provided and in its presentation of and engagement with the findings of basic fact when applying the law to reach a finding of ultimate fact that Pack’s health conditions didn’t substantially impair her ability to work. Remands to the ALJ for further proceedings.

Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Affirms order Thomas serve the remainder of his sentence incarcerated after violating his probation.

Willie Ferrell v. State of Indiana (NFP)
49A02-1004-PC-514
Post conviction. Affirms denial of petition for post-conviction relief.

Parr Richey Obremskey & Morton and Kent M. Frandsen v. Biomet, Inc. (NFP)
43A03-1002-CT-70
Civil tort. Affirms entry of partial summary judgment on duty and breach on Biomet’s complaint for legal malpractice and remands for a trial concerning proximate cause and damages.

Duward T. Roby v. State of Indiana (NFP)
10A01-0910-CR-492
Criminal. Remands with orders to vacate three of Roby’s Class B felony robbery convictions and sentences, and to revise his sentence so the habitual offender finding enhances the sentence for his remaining Class B felony robbery conviction.

Runningman, LLC, v. The Nagsak Company of West Lafayette, Inc., Joshua Nagy and Robert Sak (NFP)
18A02-1003-PL-383
Civil plenary. Affirms dismissal of Runningman’s complaint against The Nagsak Company of West Lafayette, Nagy, and Sak for breach of contract, fraudulent inducement, and violation of the Indiana Franchise Disclosure Act.

David L. Lind and Edward D. Deters v. New Albany Floyd County Dept. of Parks and Recreation (NFP)
22A01-1002-PL-94
Civil plenary. Affirms the use of eminent domain for some of Lind and Deters’ lands for a public park.

Halifax Financial Group, LP v. Capital Imp. Bd. of Mgrs. of Marion Co. and Marion Co. Convention and Recreational Facilities Authority (NFP)
49A02-0912-CV-1291
Civil plenary. Affirms summary judgment for the Capital Improvement Board and the Marion County Convention and Recreational Facilities Authority in Halifax’s suit to recover possession of real estate, removing them from the land, and order the removal of a parking garage built on the land.

S.H.P. v. S.P. (NFP)
49A02-1005-DR-680
Domestic relation. Affirms grant of custody to father S.P.

Rodrigo Medrano, Jr., v. State of Indiana (NFP)
79A05-0912-CR-686
Criminal. Affirms convictions of carrying a handgun while having a prior felony conviction as a Class C felony and possession of marijuana while having a prior conviction as a Class D felony.

The Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 6 transfers and denied 26 for the week ending Oct. 22.
 

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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