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Opinions Sept. 7, 2010

September 7, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
49A02-0907-CV-659
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49A05-1004-PL-320
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery in a will contest initiated by Trina Avery. Holds that a will contest is a civil action and that a defendant in a will contest is required to file an answer or otherwise plead to a complaint as provided in the trial rules.

Jeff Koehlinger, et al. v. State Lottery Commission of Indiana
49A02-1003-CT-247
Civil tort. Affirms denial of summary judgment to the lottery on its claim that appellants had failed to exhaust their administrative remedies. Affirms summary judgment for the lottery on the appellants’ tort, Deceptive Consumer Sales Act, and quasi-contractual claims. Reverses summary judgment on the contract rescission claim and remands for trial on the issue of detrimental reliance. Judge Riley dissents in part.

Larry Rodts v. Heart City Automotive, Inc.
20A04-1004-CT-249
Civil tort. Affirms summary judgment for Heart City in Rodt’s breach of contract and wage payment claims. There are no genuine issues of material fact, Rodts’ oral contract is unenforceable, and his deferred compensation was not a wage.

Gregory Johnson v. State of Indiana
49A02-1003-CR-375
Criminal. Affirms conviction of Class C misdemeanor refusal to identify self. The state presented sufficient evidence to support the conviction.

Haneef S. Jackson-Bey v. State of Indiana (NFP)
45A03-1001-CR-36
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Umarex Sportwaffen GMBH, et al. v. Toyriffic, LLC d/b/a Hobbytron.com (NFP)
29A05-1001-PL-28
Civil plenary. Affirms order setting aside default on Umarex and other plaintiffs’ claim against Toyriffic for trademark infringement, trademark dilution, false advertising and trade dress infringement, unfair competition, conversion, forgery, counterfeiting, and deception.

Theodore Ebeyer v. State of Indiana (NFP)
41A05-0911-CR-674
Criminal. Affirms conviction of Class C felony possession of cocaine.

Mark Hendrickson, et al. v. Joseph Potetz, et al. (NFP)
87A01-1002-CT-111
Civil tort. Affirms summary judgment for Coinmach Holdings in a wrongful death complaint.

Phillip J. Camp v. State of Indiana (NFP)
29A02-1002-CR-210
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dewan D. Burnett v. State of Indiana (NFP)
45A03-1002-CR-61
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

John Chupp v. State of Indiana (NFP)
49A05-0912-PC-683
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands to the post-conviction court the issue of Chupp’s robbery conviction and directs the court to enter judgment of conviction as a Class C felony and sentence accordingly.

James D. Schregardus v. OH Retail, LL, LLC (NFP)
49A05-1002-PL-156
Civil plenary. Dismisses Schregardus’ appeal for lack of subject matter jurisdiction. Declines to award damages under Appellate Rule 66(E).

Salaheddin A. Alfaqeer d/b/a Tobacco Zone v. LOR Corp. (NFP)
49A04-1003-CC-213
Civil collection. Reverses denial of Alfaqeer’s motion to set aside judgment. Remands for further proceedings.

Term. of Parent-Child Rel. of D.M.; A.M. v. I.D.C.S. and Child Advocates (NFP)
49A04-1001-JT-116
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 3 transfers and denied transfer to 18 cases for the week ending Sept. 3.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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