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Opinions Oct. 28, 2011

October 28, 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
Rick Gillespie, Dawn Gillespie and Rick's Towing and Maintenance, LLC v. Frank B. Niles and Kathryn Niles
49A05-1102-CT-70
Civil tort. Affirms denial of the Gillespies’ objection to the Nileses’ request for a pre-trial conference and refusal to dismiss the action under Indiana Trial Rule 41(E). Affirms grant of summary judgment for the Niles and denial of summary judgment for the Gillespies. The Gillespies failed to wait the required 15 days before selling Kathryn’s vehicle at auction. The trial court erred by granting summary judgment against the Gillespies individually as the judgment should be against Rick’s Towing only.

R.R.F. v. L.L.F.
69A01-1102-DR-70
Domestic relation. Affirms order on remand apportioning post-secondary educational expenses for the parties’ son between father and mother. The appellate court has subject matter jurisdiction because the order on remand is an appealable final judgment and the dissolution court’s allocation of the benefits of the tax credits as a result of the son’s enrollment in college was not clearly erroneous.

M.L. v. Meridian Services, Inc.
18A02-1103-MH-233
Mental health. Affirms M.L.’s temporary commitment to a state-operated facility for a 90-day period because there is clear and convincing evidence he was dangerous. Reverses the authorization to administer medication because there is insufficient evidence to support it.

Term. of Parent-Child Rel. of E.P. (Minor child) and A.P. and J.P. (Parents); A.P. (Mother) v. Indiana Dept. of Child Services (NFP)
47A01-1101-JT-38
Juvenile. Affirms termination of mother’s parental rights.

Terry Laderson v. State of Indiana (NFP)
49A02-1103-CR-221
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class A misdemeanor carrying a handgun without a license.

Farrell Haycraft v. State of Indiana (NFP)
31A01-1009-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

James Traylor v. Beth Traylor (NFP)
29A02-1102-DR-247
Domestic relation. Affirms finding James Traylor was in contempt and the stayed $6,500 portion of the fine and the attorney fee award were proper sanctions. Reverses first $6,500 portion of the fine because it was improper. Remands for that portion to be vacated.

Weida Levee, LLC v. Doug Brooks and Regina Brooks (NFP)
79A05-1012-CT-739
Civil tort. Affirms order in favor of the Brookses in a case involving a lease of commercial space.

Blease White, Jr. v. State of Indiana (NFP)
20A03-1101-PC-16
Post conviction. Affirms denial of petition for post-conviction relief.

Buzz Taylor v. State of Indiana (NFP)
52A05-1104-PC-183
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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