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
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
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
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
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)
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)
Juvenile/parenting. Dismisses appeal of order for parties to participate in treatment, counseling and therapy.

Dandre Matlock v. State of Indiana (NFP)
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)
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)
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)
Juvenile. Affirms termination of parental rights.
Micha Seymour v. State of Indiana (NFP)
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)
Post-conviction relief/rehearing. Reaffirms denial of post-conviction relief.

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

Roy Bessler v. State of Indiana (NFP)
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)
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)
Civil tort. Affirms trial court determination of liability and interest but reverses prejudgment interest award.

James L. Morgan v. State of Indiana (NFP)
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)
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)
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)
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)
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)
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)
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)
Criminal. Affirms conviction of Class B felony aggravated battery.

T.S. v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms conviction of Class C felony child molestation.

Shawn D. Jaco v. State of Indiana (NFP)
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)
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)
Civil collection. Affirms trial court’s denial of Porter’s request for exemption from proceedings supplemental.



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