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Opinions Oct. 30, 2012

October 30, 2012
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Indiana Supreme Court
Lisa J. Kane v. State of Indiana
30S04-1206-CR-372
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
32A01-1111-ES-526
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
93A02-1202-EX-127
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
45A05-1110-CT-563
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
93A02-1112-EX-1141
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)
49A02-1202-CR-131
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)
49A02-1205-TR-377
Trust. Affirms order modifying the trust agreement.

Thomas R. Clements v. State of Indiana (NFP)
20A03-1204-CR-161
Criminal. Affirms denial of verified petition for permission to file a belated notice of appeal.

State of Indiana v. Christopher Holloway (NFP)
49A02-1203-CR-240
Criminal. Reverses revision of Holloway’s sentence and remands with instructions to reinstate the original sentence.

Demetriese Gunn v. State of Indiana (NFP)
49A02-1202-CR-152
Criminal. Affirms convictions of Class C felony neglect of a dependent and Class D felony strangulation.
 

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  3. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  4. I agree. My husband has almost the exact same situation. Age states and all.

  5. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

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