Opinions – June 9, 2010

Keywords neglect / Opinions

The following opinions were posted after IL deadline Tuesday.
Indiana Supreme Court

Whatley v. State of Indiana

Criminal. Affirms Whatley’s conviction of and sentence for Class A felony dealing in cocaine because he was arrested
within 1,000 feet of a church that provided services to youth on a regular basis. A jury could properly find that the nearby
church was a “youth program center” because it provided a building or structure that on a regular basis offered
recreational, social, or other programs or services for persons less than 18 years of age. Justices Boehm and Rucker dissent.

Indiana Tax Court
and Glenda Pachniak v. Marshall County Assessor (NFP)

Tax. Affirms the Indiana Board of Tax Review’s final determination regarding the Pachniak’s 2006 real property

Today’s opinions:
Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals

v. M.A., et al.

Civil. Reverses and remands decision of trial court with instructions trial court vacate its order adjudicating J.M. as the
legal father of W.H. and ordering him to pay child support. Additionally, because the state has conceded that J.M. is not
W.H.‘s biological father, the trial court must set aside the paternity affidavit.

Fifth Third Bank v. Peoples National Bank

Civil. Reverses and remands with instructions to determine the appropriate amount of sanctions to be assessed against Fifth
Third Bank. The issue raised was whether Fifth Third waived its right to enforce its security interest with respect to its
indebted depositor’s checking account and proceeds held therein.
Heritage Banco Inc. v. Arthur W. Cranston and Joanne E. Cranston, et al.

Civil. Reverses and remands trial court’s judgment in favor of Arthur W. and Joanne E. Cranston on American Heritage
Banco Inc.’s mortgage foreclosure claim and claim for damages on a promissory note against the Cranstons. The trial
court had denied the bank’s claims for relief and instead entered judgment in favor of the Cranstons on the Cranstons’
affirmative defense and counterclaim for constructive fraud against AHB. The trial court also awarded treble damages and attorney
fees to the Cranstons pursuant to the Indiana Crime Victim’s Relief Act.

Erwin and Shona Erwin as parents, natural guardians, and next-of-friend of their minor child, D.E. v. Brenda Roe

Civil. Affirms in part, reverses in part, and remands. Concludes (1) trial court was within its discretion to deny the Erwins’
extension of time; (2) Roe is not liable for treble damages with respect to the federal statute; however, knowledge is not
a requirement for violation of Residential Lead-Based Paint Hazard Reduction Act; (3) Roe was negligent per se with respect
to state tort law; and (4) there is a genuine issue of material fact as to whether Roe was provided with a reasonable amount
of time after she received notice lead paint would need to be removed from the house she rented to the Erwins before they
broke their lease.

Adoption of D.C.; J.C. v. J.C. and A.C.

Civil. Affirms order of trial court that grants the petition of D.C.’s stepfather J.C. and his wife A.C. to adopt D.C.
D.C., born May 5, 1998, has lived with stepfather since his birth. D.C.’s mother died in 2005 and stepfather has since
remarried. Among the issues raised by D.C.’s biological father, appellant J.C., was whether his parental rights may
not be terminated absent the procedural protections of the Indian Child Welfare Act. The Sitka Tribe of Alaska was permitted
to intervene regarding the potential application of the ICWA.

Value World Inc. of Indiana v. Review Board of the Indiana Dept. of Workforce Development and C.C.

Civil. Affirms determination of the Unemployment Review Board of the Indiana Department of Workforce Development that concludes
Value World did not have good cause for failing to attend an administrative appeal hearing.

Diallo v. State of Indiana

Criminal. Affirms convictions of three counts of Class C felony forgery.
Department of Correction v. Douglas Haley

Criminal. Reverses denial of DOC’s motion to correct error, which challenged the trial court’s order granting
Haley’s petition for educational credit time.

Aaron Johnson v. State of Indiana (NFP)

Criminal. Affirms trial court’s denial of motion to withdraw guilty plea.
Sue Maze v. Robert L. Davenport, et al. (NFP)

Civil. Affirms trial court’s grant of summary judgment with respect to Maze’s claim for damages for breach of
contract. Remands as to Maze’s unjust enrichment claim.
B. Williams AKA Lonnie Williams v. State of Indiana (NFP)

Civil. Affirms trial court’s denial of petition for writ of habeas corpus, after revocation of parole.

Bruce W. Guess v. State of Indiana (NFP)

Criminal. Affirms sentence following a guilty plea to murder and robbery as a Class B felony.
Ford v. State of Indiana (NFP)

Criminal. Affirms conviction of battery, a Class A misdemeanor.
Ray Isaacs v. State of Indiana (NFP)

Post-conviction. Affirms denial of petition for post-conviction relief.
Tesch v. State of Indiana (NFP)  

Criminal. Affirms sentence imposed following guilty plea to Class C felony robbery.
L. Beery v. State of Indiana (NFP)

Criminal. Affirms trial court’s finding of violation of probation and probation revocation.
Runkel v. State of Indiana (NFP)

Post-conviction. Affirms denial of petition for post-conviction relief.
Watkins v. State of Indiana (NFP)

Criminal. Affirms conviction of resisting law enforcement, a Class D felony.
Lake Pub Inc. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)

Civil. Affirms decision of the Indiana Unemployment Insurance Review Board dismissing Wolf Lake Pub’s appeal for failure
to appear at a hearing.
Construction Consultants LLC, et al. v. Lincoln Bank (NFP)

Civil. Affirms trial court’s grant of summary judgment in favor of Lincoln Bank and denial of appellants’ counter-motion
for partial summary judgment.

Parsley v. State of Indiana (NFP)

Criminal. Reverses and remands sentence following a guilty plea to attempted aggravated battery, a Class B felony.

Vickery v. State of Indiana (NFP)

Criminal. Affirms trial court’s denial of motion to remove sexually violent predator status.
D. Miller and Jennifer Miller v. Art Duncan, M.D. (NFP)

Civil. Affirms judgment entered on medical malpractice action after jury returned a verdict in favor of Dr. Duncan.
T. Hutson Jr. v. State of Indiana (NFP)

Criminal. Affirms probation revocation.
L. Huffman v. State of Indiana (NFP)

Criminal. Affirms convictions of possession of cocaine, fraud, and theft as Class D felonies.
v. State of Indiana (NFP)

Juvenile. Affirms adjudication of J.D. as a juvenile delinquent after the juvenile court found he committed acts that would
be Class B felony burglary and Class D felony theft if committed by an adult.

Ferry v. State of Indiana (NFP)  

Criminal. Affirms convictions of possession of marijuana, a Class A misdemeanor; maintaining a common nuisance, a Class D
felony; possession of marijuana while having a prior conviction, a Class D felony, and with being a habitual substance offender.

Indiana Tax Court posted no opinions at IL deadline.

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