ILNews

Opinions Aug. 16, 2010

August 16, 2010
Keywords
Back to TopE-mailPrintBookmark and Share


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gail M. Flatow and Flatow Comer, LLP v. Dwane Ingalls
49A02-0910-CV-994
Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice. There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide the services Ingalls claims they were negligent in failing to provide.

Paternity of P.B.; D.B. v. M.B
03A01-1001-JP-5
Juvenile paternity. Reverses and remands denial of mother’s petition to modify parenting time. The preponderance standard should have been used as the burden of proof, not clear and convincing evidence. Affirms finding father wasn’t in contempt for keeping P.B. extra days over the Christmas holiday week, the denial of mother’s request father pay her attorney’s fees and P.B.’s therapist’s fees, and the modification of the Christmas parenting time schedule.

Teresa Perry v. Whitley County 4-H Clubs Inc.
92A03-1002-CT-101
Civil tort. Affirms summary judgment for Whitely County 4-H Clubs on Perry’s negligence complaint for personal injuries suffered during a horse competition sponsored by the club. There is no genuine issue of material fact and the Indiana Equine Activity Statute bars her claim for injuries resulting from inherent risks of equine activities.

William R. Morell, III v. State of Indiana
06A04-0909-CR-531
Criminal. Affirms conviction of battery by means of a deadly weapon as a Class C felony. The trial court didn’t abuse its discretion or commit reversible error by failing to swear the state’s witnesses and failing to allow questioning related to the alleged violations of the trial court’s separation order outside the presence of a jury. The cumulative effect of Morrell’s alleged errors don’t warrant reversal and there is sufficient evidence to support the conviction.

Arvester Williams v. State of Indiana (NFP)
20A03-1001-CR-10
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon and Williams’ aggregate sentence for criminal confinement as a Class B felony and possession of a firearm by a serious violent felon as a Class B felony.

Brian A. Eby v. Jennifer L. Eby (NFP)
29A05-0909-CV-521
Civil. Reverses amended decree dissolving the Ebys’ marriage. Remands with instructions.

Matthew Donoho v. State of Indiana (NFP)
12A05-0912-CR-717
Criminal. Affirms convictions of Class D felony theft and possession of marijuana, Class C felony burglary, and Class A misdemeanor criminal mischief.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted no transfers for the week ending Aug. 13.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

ADVERTISEMENT