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Opinions June 24, 2015

June 24, 2015
KEYWORDS Opinions / neglect

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Andrea M. Childress v. Experian Information Solutions, Inc.
14-2864
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Experian on Childress’ claim that the agency had willfully violated the provision of the Fair Credit Reporting Act when it did not remove from her report any reference to a bankruptcy proceeding that had been dismissed on Childress’ request. The agency did not violate the Act, and Childress’ proposed procedure for credit agencies to follow is not reasonable.

Indiana Court of Appeals
Stanley Kahn v. Beverly (Kahn) Baker
29A02-1409-DR-663
Domestic relation.  Affirms trial court rulings that daughter did not repudiate her father, so he is not relieved of his obligation to pay the expenses specified in the agreed entry; that father is in contempt for not paying her post-secondary educational and medical expenses; and the award of attorney fees to mother. Reverses order mother pay the daughter’s room and board expenses.

C.P. v. State of Indiana
49A02-1411-JV-789
Juvenile. Affirms C.P.’s adjudication as a juvenile delinquent for committing what would be Level 6 battery against a public-safety official if committed by an adult. Holds the new-crime exception applies to Indiana’s exclusionary rule.

Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.

Heritage Operating, L.P. d/b/a Empire Gas v. Lois A. Mauck and Ralph Thomas
88A01-1410-CT-440
Civil tort.  Affirms in part and reverses in part Mauck and Thomas’ lawsuit proceeding under theories of negligence, strict liability and breach of express/or implied warranties. Concludes that Empire Gas is not entitled to summary judgment on the tenants’ claim of negligence because a gas company owes a common law duty of reasonable care in the distribution of its product. Empire Gas is entitled to summary judgment on the tenants’ claim of strict liability because the undisputed material facts establish that Empire Gas is not a propane manufacturer. Remands for further proceedings. Judge Baker concurs in part and dissents in part with separate opinion. Chief Judge Vaidik concurs in result without separate opinion.

Ivan Vazquez v. State of Indiana
79A02-1501-CR-47
Criminal. Affirms dismissal of petition for sentence modification. Although the statute has been amended to apply retroactively to allow Vazquez to seek a sentence modification, his petition was untimely and exceeded the number of petitions allowed under the statute.
 
Shawn L. Elam v. State of Indiana (mem. dec.)
15A01-1411-CR-489
Criminal. Affirms 4-year sentence for Class D felony domestic battery with a child present and Class D felony neglect of a dependent.

Margaret Gerovac v. City of Valparaiso, Indiana, and Trinity Lutheran Church of Valparaiso (mem. dec.)
64A05-1404-PL-195
Civil plenary. Affirms summary judgment for the city and the church on Gerovac’s negligence claims.

Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.

Indiana Tax Court
Aztec Partners, LLC v. Indiana Department of State Revenue
49T10-1210-SC-67
Tax. Reverses determination by the Indiana Department of State Revenue that the electricity Aztec Partners used to power some equipment between Jan. 1, 2010, and March 31, 2011, was subject to Indiana sales tax.

Wednesday’s opinions
Indiana Supreme Court

In the Matter of: Bradley D. Hamilton
49S00-1412-DI-752
Discipline. Disbars Hamilton for abandoning his law practice and clients, stealing their money, and fleeing to Australia. Finds he violated eight rules of Professional Conduct.

In the Matter of: Robert E. Stochel
45S00-1412-DI-738
Discipline. Disbars Stochel for stealing trust account funds belonging to a former law partner and that partner’s clients, embezzling funds from a receivership, and actively concealing that theft for nearly a decade. Finds he violated 10 rules of Professional Conduct.

Indiana Court of Appeals
City of Evansville and The Evansville Department of Parks and Recreation v. Benjamin A. Magenheimer
82A01-1409-PL-398
Civil plenary. Affirms denial of Evansville’s motion for judgment on the pleadings on Magenheimer’s complaint alleging the city violated I.C. 35-41-11.1 when it enforced a provision of its municipal code that prohibited the carrying of firearms in public parks against him. The Indiana Tort Claims Act does not govern Magenheimer’s claim.

Whistle Stop Inn, Inc., and Louise Liford d/b/a Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council and Hoosier Park, LLC
49A02-1407-MI-519
Miscellaneous. Reverses summary judgment in favor of the city and Hoosier Park LLC, severs the exception that allows smoking in satellite facilities, declares it unconstitutional and void, and remands to the trial court. Finds the exception to the Indianapolis No-Smoking Ordinance is unconstitutional because it treats satellite facilities such as Hoosier Park Winner’s Circle differently than bars and restaurants, and this disparate treatment is not reasonably related to the inherent differences between the two entities.

Joshua Brazzel v. State of Indiana (mem. dec.)
47A05-1411-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.

Henry Swanigan v. Founders Insurance Company and Ronnie Watson (mem. dec.)
49A04-1408-CT-371
Civil tort. Affirms summary judgment in favor of Founders Insurance on Swanigan’s complaint for damages.

Steven B. Pollard v. State of Indiana (mem. dec.)
53A04-1411-CR-519
Criminal. Affirms revocation of placement in home detention and order Pollard serve the balance of his sentence in the Department of Correction.

Kylie Lin Jenks v. State of Indiana (mem. dec.)
22A04-1411-CR-522
Criminal. Affirms sentence for Class B felony conspiracy to commit arson.
 

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