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Opinions Nov. 7, 2012

November 7, 2012
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Indiana Supreme Court
Michael Kucholick v. State of Indiana
12S02-1211-CR-630
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
45A04-1112-CC-656
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.
17A04-1206-PL-297
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)
49A02-1204-CR-266
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Cameron Williams v. State of Indiana (NFP)
49A04-1109-PC-502
Post conviction. Affirms denial of petition for post-conviction relief.

John Salter v. State of Indiana (NFP)
27A02-1203-CR-275
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)
49A04-1203-JC-127
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)
51A01-1204-JT-174
Juvenile. Affirms termination of parental rights.

LaQuinton Leonard v. State of Indiana (NFP)
71A03-1203-CR-128
Criminal. Affirms conviction and sentence for murder.

Cherie Solms v. Michael Solms (NFP)
27A02-1204-PO-279
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)
49A02-1112-MI-1165
Miscellaneous. Reverses and remands with instructions to dismiss Waters’ complaint for lack of subject matter jurisdiction.

Brandon Price v. State of Indiana (NFP)
49A04-1203-CR-154
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)
84A05-1203-CR-134
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Thomas Dudley and Barbara Dudley v. The Estate of Earl Studtmann (NFP)
46A03-1204-PL-147
Civil plenary. Reverses entry of summary judgment for the estate and remands for further proceedings.

James S. Shidler v. State of Indiana (NFP)
37A05-1204-CR-186
Criminal. Affirms conviction and sentence for Class A felony conspiracy to commit murder.

Adrian Lotaki v. State of Indiana (NFP)
71A03-1106-PC-284
Post conviction. Affirms denial of petition for post-conviction relief.

 

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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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