ILNews

Opinions Dec. 31, 2012

January 2, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

ADVERTISEMENT