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Opinions Oct. 7, 2013

October 7, 2013
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Opinions, Oct. 7, 2013

Indiana Court of Appeals

The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David Lasco
37A03-1207-PL-323
Civil plenary. Affirms in part, reverses in part and remands. Reverses denial of summary judgment to the Estate and Spangler Jennings on claims for negligent supervision and/or retention, tortious interference with a business relationship, and tortious interference with a contract, and directs that summary judgment be entered in the estate’s and Spangler Jennings’s favor on those claims. Reverses denial of summary judgment to Spangler Jennings on the defamation claim and directs that summary judgment be entered in its favor on that claim. Reverses the denial of summary judgment to the estate regarding Lax and Lasco’s seeking punitive damages against it and direct that summary judgment be entered in favor of the estate on that claim. Affirms the granting of summary judgment in the estate’s favor on the defamation and malicious prosecution claims. Affirms denial of summary judgment on the malicious prosecution claim against Spangler Jennings and the denial of summary judgment on the abuse of process claim to both the estate and Spangler Jennings. Affirms the denial of summary judgment in favor of Spangler Jennings on punitive damages.

Dorian Gray Jackson v. State of Indiana

20A05-1210-CR-572
Criminal. Affirms convictions for possession of a narcotic with intent to deliver as a Class A felony, two counts of dealing in a narcotic drug as Class B felonies and possession of marijuana as a Class A misdemeanor. Finds intervening circumstances –
rather than the GPS device police had attached to the suspect’s car without a warrant – led to the traffic stop and discovery of the illegal drugs. Concludes the circumstances were sufficient to remove any taint from any police illegality.

Daniel B. Buffkin v. Glacier Group
79A02-1302-PL-141
Civil plenary. Reverses trial court grant of temporary injunction to enforce terms of an employment non-competition clause, holding that the activities prohibited and the geographic restraints Glacier Group sought to place on terminated contractor Daniel Buffkin were unreasonable, rendering that part of the agreement unenforceable. Remands for further proceedings.

Marie Castner v. State of Indiana (NFP)
49A05-1302-CR-44
Criminal. Affirms conviction for Class A misdemeanor battery.

In the Matter of the Civil Commitment of S.I. v. Midtown CMHC (NFP)
49A05-1304-MH-146
Mental Health. Affirms order for temporary commitment.

Michael Morrisey v. State of Indiana (NFP)
49A04-1304-CR-146
Criminal. Affirms revocation of Morrisey’s community corrections placement.
 
Robert Walke and Karen Walke v. Kitley Law Office, P.C., (NFP)
49A02-1304-CT-291
Civil Tort. Affirms granting summary judgment in favor of Kitley.

Gordon B. Dempsey v. JPMorgan Chase Bank, N.A. (NFP)
49A02-1303-PL-218
Civil Plenary. Affirms Chase’s motion for summary judgment. Reverses the award of $141,545.21 in attorney’s fees and costs, and remands for further proceedings to ensure the court’s award does not improperly overlap with the award of attorney’s fees in federal court.  

In Re: The Paternity of J.K., A.K. v. T.L. (NFP)
02A03-1301-JP-12
Juvenile Paternity. Affirms denial of Father’s (A.K.) petition to modify custody of his daughter (J.K.).  

In Re The Paternity of I.B., K.H. v. I.B. b/n/f L.B. (NFP)
34A02-1305-JP-401
Juvenile Paternity. Affirms order that, among other things, directed father (K.H.) to pay child support and $1,200 of the mother’s (L.B.) attorney fees.

The Indiana Supreme Court and the Indiana Tax Court did not release opinions by IL deadline. The 7th Circuit Court of Appeals did not release Indiana opinions by IL deadline.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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