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Opinions Dec. 14, 2012

December 14, 2012
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Indiana Court of Appeals
Brenda Alexander v. Donald Alexander
32A05-1108-DR-417
Domestic relations. Affirms in a divided opinion the trial court denial of a motion to correct error of the court’s omission of an award for incapacity maintenance for Brenda Alexander. She claimed that testimony of her disabilities and court findings supported an award, but the majority held that the trial court did not abuse its discretion on ruling that such an award was not warranted.

A Plus Home Health Care Incorporated v. Kathleen Miecznikowski
93A02-1207-EX-558
Civil. Affirms Indiana Worker’s Compensation Board’s decision in favor of Miecznikowski on her claim for workers’ compensation. Agrees with the board’s conclusion that her fall was a neutral risk and therefore compensable.

Christine Banks v. Timothy R. Banks
45A03-1203-DR-96
Domestic Relation. Affirms trial court’s reduction in the amount of spousal maintenance Christine Banks receives from her ex-husband Timothy Banks. The COA rejected Christine Banks’ argument that Indiana law does not permit incapacity spousal maintenance to be modified, noting it was incorrect. The court stated when an obligor spouse suffers a deterioration in financial condition that is the result of factors beyond his or her control, he or she should not be forced to continuing paying maintenance based on a better financial condition.  

Melissa Patterson v. State of Indiana
34A02-1203-CR-235
Criminal. Reversed and remanded a trial court’s denial of Patterson’s motion to the charges of aiding, inducing or causing invasion of privacy as a class A misdemeanor. Patterson was charged because she twice visited her fiancé after she had obtained a no-contact order against him. The COA held the Indiana General Assembly did not criminalize the actions of a protected person to invite the subject of a protective order to violate the terms of the order.

Granite State Insurance Company v. Robert Lodholtz and Pulliam Enterprises, Inc.
71A04-1111-CT-635
Civil Tort. Affirms in a 2-1 opinion the trial court denial of Granite State to intervene in a suit in which its claims administrator failed to respond to Lodholtz’s claim in a workplace injury suit, resulting in a default judgment and subsequent $3.9 million damages award. The majority held that because Granite State reserved a right to deny coverage in its offer to represent Pulliam in an effort to vacate the judgment, it had an interest that was at best contingent and insufficient to support intervention. Judge John Baker dissented, holding that Granite State’s interest is not being protected.

Bert S. Watkins, II v. State of Indiana (NFP)
89A01-1203-CR-103
Criminal. Affirms three-year sentence for obstruction of justice, a Class D felony, with habitual offender enhancement.

Nicholas Corbin v. State of Indiana (NFP)
79A02-1202-CR-161
Criminal. Affirms convictions of burglary as a Class B felony, burglary as a Class C felony, attempted burglary as a Class C felony, theft as a Class D felony, auto theft as a Class D felony, resisting law enforcement as a Class D felony and a Class A misdemeanor, three counts of receiving stolen property as a Class D felony, and criminal mischief as a Class B misdemeanor.

Brian Taskey v. State of Indiana (NFP)
67A04-1204-CR-189
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and Class D felony neglect of a dependent. COA found the state presented sufficient evidence to prove Taskey committed the charged offenses.

In the Matter of the Term. of the Parent-Child Rel. of: MS. and M.T.; and A.H. and T.S. v. The Indiana Dept. of Child Services (NFP)
07A04-1204-JT-217
Juvenile Termination of Parental Rights. Affirms involuntary termination of parental rights of A.H. (mother) and T.S. (father) to their respective children.

William C. Davis v. State of Indiana (NFP)
65A04-1206-PC-307
Post Conviction Relief Petition. Affirms denial of post-conviction relief. After the post-conviction court denied Davis’ petition the first time, the COA affirmed much of the decision but remanded for further proceedings related to several of Davis’ claims. The post-conviction court again denied Davis relief and the COA affirmed.

Henry Coyne Woodward v. Kimberlee Ann Norton (NFP)
71A03-1207-DR-311
Domestic Relation. Affirms money judgment in favor of Norton for Woodward’s failure to transfer funds from a retirement account to her. Reverses and remands for proceedings the order finding Woodward in contempt because the judgment that Woodward pay Norton a fixed amount is not enforceable by contempt.

Benito D. Lesiak v. State of Indiana (NFP)
45A03-1204-CR-183
Criminal. Affirms conviction of reckless homicide, a Class C felony.

Dewayne Walker v. State of Indiana (NFP)
02A03-1204-CR-199
Criminal. Affirms conviction of Class B felony burglary, finding trial court did properly deny Walker's request to instruct the jury on the less-included offense of residential entry.

Kenneth Meer v. State of Indiana (NFP)
18A04-1204-CR-193
Criminal. Affirms convictions of rape, as a Class A felony, and criminal deviate conduct, as a Class A felony.

Miles A. Parker v. State of Indiana (NFP)
22A01-1204-CR-151
Criminal. Affirms 20-year aggregate sentence for convictions of three counts of burglary, each as a Class B felony, two counts of attempted burglary, each as a Class B felony, and one count of burglary as a Class C felony.
 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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