Opinions Nov. 7, 2012

November 7, 2012
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Indiana Supreme Court
Michael Kucholick v. State of Indiana
Criminal. Justices grant transfer and order Kucholick’s sentence for Class C felony criminal recklessness and Class B misdemeanor criminal mischief revised to the advisory term of four years, all executed. Summarily affirms Court of Appeals decision in all respects. Chief Justice Dickson dissents, believing the trial court’s sentence of seven years should be affirmed.  

Indiana Court of Appeals
Dennis Larson, Rose Real Estate, Inc., and Diversified Commercial Real Estate v. Peter N. Karagan
Civil collection. Affirms summary judgment for Karagan on his breach of contract and conversion claims as well as the award of treble damages. There are no genuine issues of fact precluding summary judgment. Reverses denial of Karagan’s request for prejudgment interest and remands for a calculation of the amount of interest to which Karagan is entitled.

Fred C. Feitler, Mary Anna Feitler, and the Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co.
Civil plenary. Reverses summary judgment in favor of the subcontractors on the question of the Feitlers’ personal responsibility, as that issue should go to trial. Agrees that neither J. Laurie Commercial Floors nor JM Woodworking can hold a mechanic’s lien against the real estate on which Fred and Mary Anna Feitler were building a home.

Cornelius Hooten v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

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

John Salter v. State of Indiana (NFP)
Criminal. Dismisses appeal of conviction following guilty plea.

In the Matter of C.C., (Minor Child), a Child in Need of Services; M.W., Mother v. Indiana Dept. of Child Services, Child Advocates, Inc. (NFP)
Juvenile. Affirms adjudication of 17-year-old C.C. as a child in need of services.

In the Matter of the Parent-Child Rel. of: K.E.G.-H. and D.G. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

LaQuinton Leonard v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for murder.

Cherie Solms v. Michael Solms (NFP)
Protective order. Reverses dismissal of petition for an order of protection against Michael Solms. Remands with instructions.

Brian Gale Waters v. Indiana Real Estate Commission, et al. (NFP)
Miscellaneous. Reverses and remands with instructions to dismiss Waters’ complaint for lack of subject matter jurisdiction.

Brandon Price v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon, reverses public defender fee and remands for further proceedings.

Vincent O. Dates v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Thomas Dudley and Barbara Dudley v. The Estate of Earl Studtmann (NFP)
Civil plenary. Reverses entry of summary judgment for the estate and remands for further proceedings.

James S. Shidler v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class A felony conspiracy to commit murder.

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



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.