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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT