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Opinions Dec. 4, 2012

December 4, 2012
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Indiana Court of Appeals
Jerry Vanzyll v. State of Indiana
34A02-1111-CR-1050
Criminal. Affirms in part, reverses in part and remands to the trial court convictions of Class B felony dealing in methamphetamine, Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance, and Class A misdemeanor resisting law enforcement. The court affirmed the drug convictions but ordered the resisting conviction vacated because it held there was insufficient evidence to prove that Vanzyll fled.

Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
75A04-1112-PL-676
Civil plenary, rehearing. Affirms prior COA order that affirmed a trial court’s determination that a legal survey was defective, and restated that the trial court has three options: it may accept the original survey, reject the survey and order a new survey by a different surveyor, or order the county surveyor to mark property boundaries according to court findings based on evidence presented to the court, including previous surveys.  

James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc.
53A01-1112-PL-593
Civil plenary, rehearing. Affirms prior COA ruling that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B), concluding that on rehearing Mitchell attempted to adjust and supplement his original argument, which he cannot do.

Brian A. McKinney v. State of Indiana (NFP)
41A05-1203-CR-126
Criminal. Affirms convictions of Class C felonies robbery and escape and Class D felony residential entry.

B.W. v. State of Indiana (NFP)
49A02-1205-JV-421
Juvenile/criminal. Affirms adjudication as a delinquent for committing acts that would constitute residential entry as a class D felony and criminal mischief as a class B misdemeanor if committed by an adult.

Robert E. Eastwood v. State of Indiana (NFP)
07A04-1202-CR-64
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony fondling in the presence of a minor.

Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)
49A05-1202-DR-81
Domestic relations. Affirms in part, reverses in part and remands to the trial court with instructions to recalculate child support and amend its order accordingly.

S.J. v. State of Indiana (NFP)
49A05-1203-JV-147
Juvenile. Affirms commitment of S.J. as a ward of the Department of Correction following true findings for burglary and theft.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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