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Opinions Nov. 16, 2012

November 16, 2012
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Indiana Court of Appeals
Marybeth Lebo v. State of Indiana
46A05-1202-CR-104
Criminal. Affirms trial court’s judgment in denying motion to dismiss charges of failure to report child abuse or neglect. Lebo argued the charges were not permissible because they came after the statute of limitations had passed but the COA disagreed, finding the Legislature’s intent was to make the failure to report a continuing offense. Otherwise, the court stated, the duty to report would be limited to the day on which the individual comes to believe abuse is taking place.

The Marling Family Trust v. Allstate Ins. Company
49A02-1203-CT-186
Civil tort/trust. Reverses the trial court grant of summary judgment in favor of Allstate and remands to determine whether the loss is covered under an insurance policy. The trust purchased a house at sheriff’s sale after a foreclosure but had established an equitable lien in policy proceeds under an existing homeowner’s policy and therefore was entitled to receive funds from the policy in the event of an insured loss, the appellate court held.

Kohl's Indiana, L.P. and Kohl's Dept. Store, Inc. v. Dennis Owens, et al.
82A05-1203-PL-103
Civil plenary. Affirms trial court grant of summary judgment in favor of the Evansville-Vanderburgh County Area Plan Commission and the Board of Commissioners of Vanderburgh County, holding that neither body accepted a common obligation to complete the project to build a Kohl’s department store on the west side of Evansville, and that Kohl’s cannot recover on a theory implied in law because a contract with the Board of Commissioners required Kohl’s to complete public infrastructure improvements at its expense.

Sharmain J. Smith v. State of Indiana (NFP)
02A03-1204-CR-174
Criminal. Affirms conviction of illegal possession of a firearm by a serious violent felon.

Roosevelt D. Brooks v. State of Indiana (NFP)
48A02-1205-PC-375
Post-conviction relief. Affirms denial of post-conviction relief.

Mattie A. Tedrow and Mary L. Pierson v. Coyeville Belcher as Personal Rep. of the Estate of Everett D. Belcher, Jr.; and Lynn R. Belcher (NFP)
59A01-1204-EU-196
Estate/unsupervised. Affirms trial court decision to uphold the will of Tedrow and Belcher’s father.

William Emry v. State of Indiana (NFP)
27A03-1204-CR-274
Criminal. Affirms revocation of probation.

BCC Products, Inc. and Roger Brunette, Jr. v. Roger Brunette, Sr., and Pauline Brunette (NFP)
41A01-1201-CC-28
Collections. Affirms trial court decision in favor of defendants.

Albert Lindsey v. State of Indiana (NFP)
49A02-1204-CR-333
Criminal. Affirms conviction and enhancement of a count of trespassing from a Class A misdemeanor to a Class D felony.

Bernard Simmons v. State of Indiana (NFP)
45A04-1203-CR-104
Criminal. Affirms six-year sentence for Class C felony criminal confinement.

Jerry Kaiser, Jr. v. State of Indiana (NFP)
82A01-1203-CR-124
Criminal. Affirms convictions of Class B felony dealing methamphetamine and Class D felony possession of methamphetamine.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claims. Affirms trial court denial of request for appointment of guardian ad litem and request for damages in excess of the small claims jurisdictional maximum.

 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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