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Opinions Dec. 31, 2012

January 2, 2013
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No Indiana Court of Appeals, Indiana Supreme Court or Indiana Tax Court opinions were released on Wednesday. No Indiana opinions were released before IL deadline Wednesday by the 7th Circuit Court of Appeals.

Dec. 31, 2012
Indiana Court of Appeals
Indiana Public Employee Retirement Fund v. Paul Bryson
49A04-1201-MI-2
Miscellaneous. Affirms original opinion that Bryson’s on-duty injury was a “covered impairment” making him eligible for Class 1 impairment disability benefits even though he had a pre-existing condition.

Damon Ray Bowers v. State of Indiana
55A04-1204-CR-180
Criminal. Affirms trial court’s denial of motion to suppress evidence gathered at a traffic stop and remands for further proceedings. Finds the minimal intrusion into Bowers’ activity caused by the brief traffic stop was justified based on the police having reasonable suspicion that he was intoxicated.

Lisa Svenstrup v. Thomas Svenstrup
29A02-1206-DR-452
Domestic relation. Affirms trial court denial of mother’s petition for allocation of college expenses, holding that where mother petitioned for educational support prior to a child’s emancipation age which was denied by a trial court, a child support order is subject to modification upon the showing of changed circumstances so substantial and continuing as to make terms of the existing order unreasonable.

Israel Cruz v. State of Indiana
49A02-1204-CR-301
Criminal. Reverses Cruz’s conviction of operating a vehicle while suspended as a habitual traffic violator. Rules that even though there is ample evidence that Cruz knew he had never received a license and that he was not supposed to drive because he was unlicensed, the state did not charge him with driving without having received a license. Instead, it chose to charge him with driving while suspended but did not provide sufficient evidence beyond a reasonable doubt that Cruz knew he was suspended.  

Albert Jackson Counce v. State of Indiana (NFP)
15A05-1206-CR-29
Criminal. Affirms 20-year sentence for conviction of Class B felony robbery resulting in injury.
 
In Re the Paternity of Z.H.; S.E. v. C.H. (NFP)
82A05-1205-JP-257
Juvenile/parenting. Dismisses appeal of order for parties to participate in treatment, counseling and therapy.

Dandre Matlock v. State of Indiana (NFP)
79A02-1205-CR-465
Criminal. Affirms convictions of dealing and possession of marijuana and cocaine, maintaining a common nuisance and two counts of neglect of a dependent.
 
Roy G. Lewis v. State of Indiana (NFP)
43A05-1207-CR-347
Criminal. Affirms revocation of probation and execution of suspended sentence for Class D felony operating a vehicle while intoxicated.

Damon Gee v. State of Indiana (NFP)
27A02-1203-CR-257
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony possession of a stolen vehicle.   

In the Matter of the Term. of the Parent-Child Rel. of A.D.; and M.D. v. Indiana Dept. of Child Services (NFP)
71A03-1204-JT-204
Juvenile. Affirms termination of parental rights.
 
Micha Seymour v. State of Indiana (NFP)
49A02-1206-CR-489
Criminal. Affirms in part, reverses in part and remands with instructions to vacate a habitual offender adjudication and vacate the 30-year sentence enhancement on a conviction of attempted murder.

Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post-conviction relief/rehearing. Reaffirms denial of post-conviction relief.

In Re the Paternity of K.H., S.E. v. C.H. (NFP)
82A01-1205-JP-222
Juvenile. Dismisses appeal of order that parties participate in treatment, counseling and therapy.

Roy Bessler v. State of Indiana (NFP)
15A04-1201-CR-37
Criminal. Affirms conviction and 30-year sentence on two counts each of Class A and Class B felony dealing in cocaine.  

George R. Clark v. State of Indiana (NFP)
59A05-1205-CR-253
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Francis McDonnell, M.D. v. Stacy Wissel, as Trustee of the Bankruptcy Estate of Roy L. Harris and Anita K. Harris (NFP)
82A04-1202-CT-56
Civil tort. Affirms trial court determination of liability and interest but reverses prejudgment interest award.

James L. Morgan v. State of Indiana (NFP)
88A01-1206-CR-254
Criminal. Affirms trial court order imposing sanctions after revocation of probation.  

Kimberly A. Harrison and Christine G. Portell v. Yale Rice, III, as Trustee of the Yale Rice, Jr. Living Trust, et al. (NFP)
06A01-1203-TR-126
Trust. Affirms trial court approval of final accounting and finding of no breach of fiduciary duty by the trustee.

Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage foreclosure/rehearing. Affirms prior ruling in all respects, again denying Prime’s request for appellate attorney fees.

Joseph Ward v. State of Indiana (NFP)
89A01-1206-CR-277
Criminal. Affirms 34-year sentence for convictions of Class A felony child molestation and Class C felony child exploitation.
 
Joseph Rushing v. State of Indiana (NFP)
27A02-1201-PC-91
Post-conviction relief. Affirms denial of post-conviction relief on child molestation convictions.

Job Steel Corp, and Lisco, Inc. v. Board of Zoning Appeals of the Town of Burns Harbor and the Plan Commission of the Town of Burns Harbor (NFP)
64A05-1205-PL-245
Civil plenary. Affirms the Board of Zoning Appeals’ denial of an application for a special exception to operate a truck terminal.

Marvin Dewayne Davey v. State of Indiana (NFP)
10A01-1205-CR-229
Criminal. Affirms revocation of probation and order Davey serve remainder of sentence in the Department of Correction.

Joseph Laich, III v. State of Indiana (NFP)
45A03-1205-CR-206
Criminal. Affirms conviction of Class B felony aggravated battery.

T.S. v. State of Indiana (NFP)
49A04-1204-JV-213
Juvenile. Affirms commitment of T.S. to the Department of Correction for an indeterminate time at a juvenile correctional facility after adjudication as a delinquent for an act that would be Class C felony battery with a deadly weapon if committed by an adult.  

Ronald Rostochak v. State of Indiana (NFP)
92A05-1112-CR-688
Criminal. Affirms conviction and sentence of 25 years executed for a conviction of Class A felony child molestation.

Jason Castillo v. State of Indiana (NFP)
34A04-1204-CR-212
Criminal. Affirms conviction and six-year sentence for convictions of Class C felony operating a motor vehicle after lifetime suspension and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15 percent.

Bradley C. Taylor v. State of Indiana (NFP)
35A02-1204-CR-348
Criminal. Affirms conviction of Class C felony child molestation.

Shawn D. Jaco v. State of Indiana (NFP)
82A01-1203-CR-104
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement.

Demaris Snyder Wehr, Timothy John Snyder, Terence Glen Snyder and Daniel Owen Snyder v. Thomas Price, II, individually and as the named executor of the estate of Nilah Snyder, et al. (NFP)
89A04-1202-PL-76
Civil plenary. Affirms trial court judgment on pleadings concluding that beneficiaries had not breached any contract or tortiously interfered with any inheritance.

Townsend H. Porter, Jr., Townsend Porter Revocable Trust, and Brian H. Merritt v. 1st Source Bank (NFP)
71A03-1205-CC-236
Civil collection. Affirms trial court’s denial of Porter’s request for exemption from proceedings supplemental.

 

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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