Opinions Oct. 30, 2012

October 30, 2012
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Indiana Supreme Court
Lisa J. Kane v. State of Indiana
Criminal. Reverses conviction of Class D felony receiving stolen property and remands for retrial. The trial court improperly instructed the jury on the mental state required to convict Kane.

Indiana Court of Appeals
In the Matter of the Estate of Nathaniel Kappel v. William Kappel, Judith Kappel, and Mark Kappel
Estate, supervised. Affirms denial of the estate’s recovery of insurance proceeds, directive that William and Mark Kappel withdraw their claims against the estate, and the denial of the complaint for contribution. Also affirms denial of the request the estate pay William, Judith and Mark Kappel’s attorney fees. The probate court’s judgment is not clearly erroneous based on the evidence.

Boulder Acquisition Corp. (n/k/a Affiliated Computer Services, LLC), et al. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development
Agency appeal. Reverses liability administrative law judge’s decision to combine BAC’s unemployment experience account with all its subsidiaries’ accounts and in recalculating BAC and the subsidiaries’ contribution rates. BAC is not a successor employer to the subsidiaries under I.C. 22-4-10-6(a) or 22-4-11.5-7. Remands to the Department of Workforce Development to adjust their respective experience accounts accordingly and to refund any overpayment by BAC and/or the subsidiaries.

Mark Carter and John E. Carter, Co-Personal Rep. of the Estate of John O. Carter, M.D., Deceased v. Loretta Robinson, Individually and as Admin. of the Estate of John E. Robinson, Deceased
Civil tort. Affirms $550,000 verdict in favor of Loretta Robinson, individually and as administratix of the estate of John E. Robinson, deceased, following John Robinson’s complaint for medical malpractice. Concludes Dr. James Bryant’s expert opinion is based on a proper use of the differential etiology methodology, that the trial court did not abuse its discretion when it excluded Dr. Michael Kaufman as a witness in support of Carter. Denies Robinson’s request for attorney fees.

Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al. v. Indiana Finance Authority and Indiana Gasification, LLC
Agency appeal. Reverses approval by the Indiana Utility Regulatory Commission of a substitute natural gas purchase and sale agreement between the Indiana Finance Authority and Indiana Gasification. The utilities and industrial group’s claims are justiciable, the commission did not exceed its jurisdiction when it approved the contract, and the contract’s definition of retail end use customer inappropriately included industrial transportation customers even though the Legislature did not intend for these customers to be subject to the Substitute Natural Gas Act as retail end use customers. Chief Judge Robb concurs in part and dissents in part.

Kevin Reaves v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

In the Matter of the Revocable Trust of Mary Ruth Moeder (NFP)
Trust. Affirms order modifying the trust agreement.

Thomas R. Clements v. State of Indiana (NFP)
Criminal. Affirms denial of verified petition for permission to file a belated notice of appeal.

State of Indiana v. Christopher Holloway (NFP)
Criminal. Reverses revision of Holloway’s sentence and remands with instructions to reinstate the original sentence.

Demetriese Gunn v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony neglect of a dependent and Class D felony strangulation.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...