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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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