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Opinions June 18, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Randyl
A. McCauley and Deanna R. McCauley v. James S. Harris and Diane C. Harris
28A04-0907-CV-421
Civil. Affirms summary judgment for the Harrises in their request for a permanent injunction against the McCauleys enjoining
them from interfering with the Harrises’ use and enjoyment of a 30-foot wide ingress and egress that runs over the McCauleys’
property. The trial court properly concluded that the Harrises’ use and enjoyment of the easement for ingress and egress
includes the right to use the easement in its entirety and to construct a roadway over all or any part of the easement. Also
affirms order the McCauleys remove a portion of their pole barn that lies within the Harrises’ easement.
 

Christina Cisternino v. Grant Communications Inc. (NFP)
49A05-0912-CV-735
Civil. Affirms dismissal of Cisternino’s complaint against Grant Communications Inc. pursuant to Indiana Trial Rule
41(E).
 
Daniel
L. Anway v. State of Indiana (NFP)
57A03-0912-CR-578
Criminal. Affirms conviction of and sentence for operating a vehicle while intoxicated, misdemeanor resisting law enforcement,
and failing to stop after an accident.


Douglas W. Kemp v. State of Indiana (NFP)
87A04-0911-CR-641
Criminal. Affirms sentence for Class C felony child molesting following a guilty plea.
 
P.G.
v. T.G. (NFP)
22A01-0912-CV-596
Civil. Affirms denial of P.G. (father)’s petition to change custody after T.L.G. (mother) filed a motion to relocate
their minor child out of Indiana.
 
James
Huesman v. State of Indiana (NFP)
70A03-0911-CR-514
Criminal. Affirms denial of motion to remove defendant from Indiana’s Sex Offender Registry.
 
Timothy
E. Strowmatt v. State of Indiana (NFP)
71A05-0910-PC-587
Post-conviction. Affirms denial of post-conviction relief.

Jerome
McKinney v. State of Indiana (NFP)
49A05-0911-CR-642
Criminal. Affirms conviction of Class B felony burglary and finding McKinney to be a habitual offender.
 
Adrian
Cole v. State of Indiana (NFP)
49A02-0912-PC-1183
Post-conviction. Affirms sentence received for four convictions of conspiracy to commit forgery, all as Class C felonies.

 
Anthony
Emmett Collett v. Kelly Jean Collett (NFP)
89A05-0912-CV-728
Civil. Affirms trial court order declining jurisdiction and deferring jurisdiction of Collett’s initial child custody
determination action to a Minnesota court.
 
Sherrie
K. Hansen v. State of Indiana (NFP)
71A04-1002-CR-63
Criminal. Affirms convictions of five counts of Class D felony theft.
 
State
of Indiana v. John W. Holler (NFP)
57A03-0910-CR-462
Criminal. Affirms denial of state’s motion to correct error.
 
C.E.
v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0906-EX-526
Civil. Affirms decision of Indiana Unemployment Insurance Review Board that affirms the findings and conclusions of an administrative
law judge who denied C.E.’s application for unemployment benefits.


Bob Gasich v. East Chicago Redevelopment Comm. (NFP)
45A03-0910-CV-500
Civil. Affirms trial court’s denial of Gasich’s “petition to void and withdraw the order of appropriation
of real estate and appointment of appraisers.”
 
Mark
Taylor v. State of Indiana (NFP)
49A04-0908-CR-486
Criminal. Dismisses Taylor’s appeal following revocation of his probation finding the presented issue is moot.
 
Kerwin
M. Ward v. State of Indiana (NFP)
02A03-0912-CR-581
Criminal. Affirms sentence for two counts of battery upon law enforcement officer, one count of battery by bodily waste,
one count of resisting law enforcement, and one count of disorderly conduct.
 
Linda
Ruth Parks v. State of Indiana (NFP)
20A04-1001-CR-21
Criminal. Affirms aggregate 30-year sentence for Class B felony burglary with a habitual offender enhancement.
 
Angel
Abarca v. State of Indiana (NFP)
49A02-0910-CR-1018
Criminal. Affirms sentence following a plea of guilty to aggravated battery, a Class B felony.
 
Bray
A. Tibbs v. State of Indiana (NFP)
71A03-0911-CR-541
Criminal. Affirms Tibbs’ conviction of and sentence for burglary as a Class B felony; remands with instructions to
vacate restitution order.
 
Bernard
Arvin v. Capital One Bank (NFP)
53A04-0909-CV-509
Civil. Affirms trial court’s grant of summary judgment in favor of Capital One Bank.
 
FK
Inc. v. See USA LLC (NFP)
56A05-0911-CV-654
Civil. Reverses trial court’s award of $82,514.50 in damages and $85,778.35 in attorney fees to See USA on its claim
that FK committed check fraud. Also reverses award of $204,499.58 in lost profits damages to See USA on its breach of contract
claim against FK. Remands for further proceedings.
 
William
T. Casbon v. State of Indiana (NFP)
49A05-0910-CR-588
Criminal. Affirms post-conviction court’s dismissal of motion to vacate sexually violent predator status.
 
Patsy
C. Battin v. Curtis R. Battin (NFP)
03A04-0912-CV-715
Civil. Affirms trial court’s denial of Patsy C. Battin’s request for spousal maintenance. Reverses the trial
court’s decision to divide the net marital estate equally, and remands with instructions to order a 60/40 split of the
net marital estate in Patsy Battin’s favor; reverses trial court’s denial of her request for attorney’s
fees; and remands with instructions to order Curtis Battin to pay 50 percent of her attorney’s fees.
 
Darren
A. Snyder v. State of Indiana (NFP)
20A05-0910-CR-600
Criminal. Reverses and remands with instructions a conviction of battery as a Class A misdemeanor.
 

Opinions June 18, 2010

Indiana Supreme Court
Christine
Dugan v. Mittal Steel, USA, Inc., et al.
45S05-1002-CV-121
Civil. Affirms summary judgment for Mittal Steel USA and Jay Komorowski. Of the two alleged occasions of defamation per se
at issue, the one asserted in paragraph 7 of Dugan’s complaint does not constitute defamation per se. Although the statement
alleged in paragraph 6 of the complaint qualifies as defamation per se, there is no genuine issue of fact undermining the
defendants' claim of qualified privilege.

COA: negligence claim should go to trial

The Marion Superior Court was wrong to grant summary judgment for a company in a home builder’s claims of negligence
following the discovery of contaminants on lots in a subdivision, the Indiana Court of Appeals ruled.

SCOTUS rules on Indiana steel plant case

The Supreme Court of the United States has ruled on a case about a northern Indiana steel processing plant, overturning the
7th Circuit Court of Appeals and effectively limiting how a federal labor-relations board is able to conduct business regarding
employee and union rights.

Opinions June 17, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Russel Howard v. American Family Mutual Insurance Co.
87A01-0910-CV-512
Civil. Reverses grant of American Family’s motion to substitute the underinsured driver as the sole defendant at trial in Howard’s suit following an accident. Indiana law does not allow the underinsured driver’s substitution as a nominal defendant in these circumstances.

Medical Realty Associates, LLC, et al. v. D.A. Dodd, Inc., et al.
45A03-0909-CV-426
Civil. Reverses order denying Medical Realty Associates and Hasse Construction Co.’s motion to compel arbitration and request to stay the mechanic’s lien foreclosure action initiated by D.A. Dodd, and declaring the arbitration unavailable for a claim brought by Korellis Roofing.  By the clear unambiguous language of the Dodd Subcontracts, Hasse is given the option to require arbitration of any or all of Dodd’s claims, including those against MRA and Pinnacle Hospital. The trial court ruled prematurely that Korellis cannot be compelled to arbitrate. Remands for further proceedings.

Burl E. and Carolyn S. Grayson v. United Federal Savings & Loan Association of Crawfordsville, Ind. (NFP)
54A04-1002-MF-114
Civil. Affirms judgment for Union Federal Savings in the Graysons’ counterclaim seeking damages for Union Federal’s disposition of personal property as to which the Graysons were junior holders of a secured interest.

Patricia Garrison v. State of Indiana (NFP)
48A04-0910-CR-568
Criminal. Affirms sentence imposed following revocation of probation.

Daniel Mojica, as Special Administrator of the Estate of Felix Mojica, Jr., Deceased v. Hector Rosario, et al. (NFP)
45A03-0903-CV-116
Civil. Affirms jury verdict in favor of Rosario and the City of East Chicago in Mojica’s suit following the shooting death of Mojica.

Paul Roell v. American Senior Communities, et al. (NFP)
20A03-1001-CC-7
Civil. Affirms summary judgment in favor of American Senior Communities in Roell’s suit that he was discharged in retaliation.

S.P. v. Review Board (NFP)
93A02-0912-EX-1245
Civil. Affirms S.P. is not entitled to unemployment benefits.

Byron D. Thomas v. State of Indiana (NFP)
20A03-0904-CR-182
Criminal. Affirms sentence following guilty plea to dealing in cocaine, one as a Class A felony and one as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions June 17, 2010

Indiana Court of Appeals
Russel
Howard v. American Family Mutual Insurance Co.
87A01-0910-CV-512
Civil. Reverses grant of American Family’s motion to substitute the underinsured driver as the sole defendant at trial
in Howard’s suit following an accident. Indiana law does not allow the underinsured driver’s substitution as a
nominal defendant in these circumstances.

COA upholds stop of teen with gun

The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.

Gaming agents have full police power

A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.

Tax court orders USUT refund

The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.

Opinions June 16, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jason G. Ertel v. State of Indiana
29A02-0908-CR-824
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse
its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable
suspicion to conduct an investigatory stop.


John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club
82A01-0910-CV-510
Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s
use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether
the deadmen installed on the landowners’ property are a nuisance or a trespass.

Paternity
of R.M.; N.C. v. K.M. (NFP)
02A03-1001-JP-21
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule
76(B).


David Mazhandu v. State of Indiana (NFP)
49A02-0909-CR-890
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

James
D. Boyd v. State of Indiana (NFP)
90A04-1001-CR-30
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40
years in prison.

Rocky
D. Beavers Jr. v. State of Indiana (NFP)
79A02-1002-CR-96
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.

Herman
F. Filice v. State of Indiana (NFP)
49A02-0911-CR-1109
Criminal. Affirms denial of motion to “remove sexually violent predator status.”

J.M.
Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)
20A03-0910-JV-480
Juvenile. Affirms finding that J.M. is a child in need of services.


Michael R. Pollard, Jr. v. State of Indiana (NFP)
45A05-0910-CR-594
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.


Rickey D. Gosha v. State of Indiana (NFP)
48A02-0910-CR-1006
Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.

Lorenzo
Borders v. City of Elkhart, Ind., et al. (NFP)
20A03-0907-CV-346
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in
favor of the City of Elkhart, et al.

George
Cox, et al. v. Honorable Roger D. Davis (NFP)
31A01-0912-CV-571
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.

Jason
Wells v. State of Indiana (NFP)
49A02-1004-CR-377
Criminal. Affirms conviction of Class C felony child molesting.

James
A. Barber v. State of Indiana (NFP)
29A02-0909-CR-916
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of
sexual misconduct with a minor as Class B felonies.

Larry
Andrew Anderson v. State of Indiana (NFP)
82A04-0911-CR-656
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony
possession of a legend drug.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions June 16, 2010

Indiana Court of Appeals
M.T.
v. State of Indiana
49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence
of the probation violations it alleged and the state violated M.T.’s due process rights.

COA reverses modification of juvenile’s probation

The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.

Judge Magnus-Stinson takes oath

The newest judge for the Southern District of Indiana was sworn in Monday to officially become a U.S. District Judge.

Opinions June 15, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Paul Morris v.
State of Indiana (NFP)
42A04-0912-CR-724
Criminal. Affirm convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.

David Eugene
Ball v. State of Indiana (NFP)
48A02-0909-CR-940
Criminal. Affirms termination of work release.

Lonnie Ray Stone
v. State of Indiana (NFP)
79A02-1001-CR-91
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle with a blood alcohol content of at least 0.08 but
less than 0.015.

Percy L. Lipscomb, Jr. v. State of Indiana (NFP)
29A05-1002-CR-54
Criminal. Affirms sentence following guilty plea to Class C felony forgery.

Roderick M. Walsh
v. State of Indiana (NFP)
57A03-0911-CR-506
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.

Andres Sanchez
v. State of Indiana (NFP)
20A04-0912-CR-720
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting.

Michael Landon
Deneal v. State of Indiana (NFP)
45A03-0912-CR-569
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Kelly Swegman
v. State of Indiana (NFP)
49A04-0912-PC-738
Post conviction. Affirms denial of petition for post-conviction relief.

Brandon Puckett v. State of Indiana (NFP)
49A02-0911-CR-1110
Criminal. Affirms denial of motion to withdraw guilty plea.

Indiana Tax Court had posted no opinions at IL deadline.

COA: Officer’s observation didn’t violate man’s rights

The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.