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Opinions June 15, 2010

Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana

40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts
of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine,
Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate
reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car.
The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender
finding. Remands for the trial court to correct the sentencing order.

Prosecutor in Ford Pinto case dies

The Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died Monday morning. Michael A. Cosentino
was 74.

Senate confirms Judge Tanya Walton Pratt

Marion Superior Judge Tanya Walton Pratt has just received confirmation from the U.S. Senate, meaning she'll become state's
first African-American federal judge and one of four female jurists on Indiana's federal bench.

SCOTUS won’t take Indiana lab tech case

The nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did
not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at
trial.

Opinions June 14, 2010

Indiana Court of Appeals
Ronald
D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial
court which had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings
lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.

Opinions June 14, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ronald
D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial
court that had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings
lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.

Steve
Pigg v. State of Indiana
52A02-0907-CV-666
Civil. Affirms denial of Pigg's motion for delivery of money from a former attorney. Pigg has waived his claim of injury
due to lack of a hearing by failing to request a hearing; but, waiver notwithstanding, Pigg failed to demonstrate any abuse
of discretion by the trial court in holding a trial by affidavit. Concludes from the evidence that attorney Kiefer has proven
that no unearned portions of the retainer paid for Pigg's representation remained upon Kiefer's termination of that
representation.


Diosha L. Lamb v. State of Indiana (NFP)
02A03-0912-CR-591
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.


Vickie A. Chaffins v. State of Indiana (NFP)
17A03-1001-CR-98
Criminal. Affirms sentence following guilty plea to Class A felony dealing methamphetamine.

Robert
D. Storey v. State of Indiana (NFP)
20A05-0911-PC-622
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher
Roberts v. State of Indiana (NFP)
34A02-1002-CR-147
Criminal. Affirms sentence following guilty plea to Class D felony theft, Class C felony burglary, and Class D felony possession
of stolen property.


Rick Glascoe v. State of Indiana (NFP)
49A04-0911-CR-635
Criminal. Affirms conviction of Class A misdemeanor battery.

S.H.
v. Review Board of the Indiana Dept. of Workforce Development and D.O. McComb & Sons, Inc. (NFP)
93A02-0912-EX-1191
Civil. Affirms denial of unemployment benefits.

Indiana Tax Court had posted no opinions at IL deadline.

Supreme Court denies transfer to four

The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline,
the court had not yet posted transfers since those from the week ending June 4.

COA refuses to rule defendants get blanket immunity

The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter
to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges
also ruled the health-care providers weren’t entitled to blanket immunity.

Opinions – June 11, 2010 ILD

Today’s Opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Sam's
East Inc. City of Greenwood Board of Zoning Appeals v. United Energy Corporation Inc. d/b/a Greenwood Sunoco

41A04-0909-CV-545
Civil. Affirms trial court’s reversal of the decision of the City of Greenwood Board of Zoning Appeals to issue a variance
to Sam’s East Inc. to have a gas station near a Sam’s Club location in Greenwood. Since receiving approval for
the gas station in 2005, Sam’s Club had encountered an environmental issue that delayed building plans, and the permit
had expired before Sam’s constructed the gas station. After the permit expired, Sunoco built a gas station on property
adjacent to Sam’s property. Shortly after, an ordinance was adopted that changed whether gas stations could be built
in the area where Sam’s had previously received permission.

Cedar
Mill Homeowners Association Inc. v. Patrick J. Bocian (NFP)
32A05-1001-SC-85
Civil. Affirms small claims court’s denial of Cedar Mill’s request for attorney’s fees.

Gregor
W. King and Delores P. King v. Hamilton Southeastern Utilities Inc. (NFP)
29A05-0909-CV-527
Civil. Affirms amount of damages entered after a jury trial for the valuation of the Kings’ land affected by the acquisition
of a temporary and permanent easement by eminent domain.

K.T.
v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0912-EX-1266
Civil. Affirms decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming
the decision of the administrative law judge to dismiss K.T.’s appeal as untimely.

J.S.
v. J.M. and M.M. (NFP)
75A03-0911-CV-535
Civil. Affirms trial court’s order granting visitation with J.S. (mother)’s minor daughter C.G.M. to her paternal
grandparents J.M. and M.M..

A.E.
a/k/a A.S v. B.S. (NFP)
80A02-0909-CV-905
Civil. Reverses and remands trial court’s order emancipating A.E. (mother) and B.S. (father)’s 19-year-old son
K.S. Also reverses and remands determination of arrearages on child support; and apportionment of partial arrearage to K.S.

Indiana Tax Court posted no opinions before IL deadline.

Opinions – June 11, 2010

Indiana Court of Appeals

Larz
A. Elliott v. Rush Memorial Hospital, et al.
70A01-0911-CV-553
Civil. Affirms dismissal of Larz Elliott’s proposed medical malpractice complaint against Rush Memorial Hospital, Carrie
Tressler, and Dr. Philip Kingma. Elliott had alleged battery and negligence with respect to the forced catheterization to
retrieve a urine sample after a Rush County sheriff’s deputy transported him to Rush Memorial Hospital and represented
a court order at the hospital to retrieve a blood sample and a urine sample. Finds trial court erred in concluding that the
defendants enjoy complete statutory immunity from any civil liability related to his claims of battery and negligence, but
also finds Elliot’s claims fall outside the parameters of the Medical Malpractice Act because he was not a “patient”
of the defendants, and that his catheterization clearly was not for his own medical benefit.

Senate to vote on Judge Pratt Tuesday

The U.S. Senate plans to vote on a Marion Superior judge’s nomination for the federal bench on Tuesday, according to
a spokesman in Sen. Evan’s Bayh’s office. Senators agreed Thursday to consider the nomination of Marion Superior
Judge Tanya Walton Pratt, whom the president chose in January for the Southern District of Indiana to succeed Judge David
F. Hamilton. Judge Hamilton was elevated to the federal appeals bench late last year.

Court rules on liability in nursing home accident

The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:

What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers
arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident
on the front porch before crashing into the building itself?

Judges: no private cause allowed for not reporting abuse, neglect

Standing behind a decision made by appellate judges about 20 years ago, the Indiana Court of Appeals has again declined to
interpret state statute in a way that allows for a private right of action for failing to report child abuse or neglect.

Opinions – June 10, 2010 ILD

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

Indiana Court of Appeals

The
Guardianship of Edwin T. French Jr.; Gail French Pheffer v. Edwin T. French III
49A02-0908-CV-742
Civil. Reverses and remands trial court’s grant of a motion to dismiss filed by Edwin T. French III. Pheffer raised
two issues, consolidated and restated as whether trial court erred by granting Edwin T. French III’s motion to dismiss
under Ind. Trial Rule 12(B)(6).
 
Caylin
P. Black v. State of Indiana (NFP)
27A04-0909-CR-501
Criminal. Affirms conviction after a jury trial of dealing in cocaine, a Class A felony.
 
Kenneth
Wilson v. State of Indiana (NFP)
49A02-0910-CR-1036
Criminal. Reduces conviction of robbery from a Class B felony to a Class C felony, reduces conviction of criminal confinement
as a Class C felony to a Class D felony, and remands for resentencing. Affirms trial court’s sentence enhancement by
determining Wilson to be a habitual offender was not inappropriate in light of his extensive criminal history.
 
Steven
Wilson v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=06101002nhv.pdf
49A02-0910-CR-1047
Criminal. Affirms two convictions of Class B felony child molesting.
 
T.Y.
v. State of Indiana (NFP)
49A02-0911-JV-1131
Juvenile. Affirms juvenile court’s true findings that T.Y. committed delinquent acts, which if committed by an adult
would constitute two counts of forgery as Class C felonies. Reverses juvenile court’s true findings that T.Y. committed
delinquent acts, which if committed by an adult would constitute two counts of attempted theft as Class D felonies. Remands
with instructions to vacate T.Y.’s two true findings for attempted theft.

Indiana Tax Court posted no opinions at IL deadline.
 

Justices say sentencing scores can be used

State trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results
aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says

Judges uphold sentence increase on appeal

The Indiana Court of Appeals affirmed the defendant’s sentence that they had increased on appeal in March in an opinion
on rehearing today and addressed the characteristics of an Indiana Appellate Rule 7(B) review.