Opinions Sept. 30, 2013

September 30, 2013
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Opinions, Sept. 30, 2013

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana

Criminal. Affirms Class A felony conviction of child molestation, rejecting arguments that the trial court’s statement about the victim’s competency was an impermissible vouching statement and that the court improperly allowed vouching statements by multiple witnesses. The court’s denial of Archer’s request to present evidence of the victim’s post-allegation demeanor also was proper, as were jury instructions and the effectiveness of Archer’s trial counsel.

Paul J. Livers II, v. State of Indiana
Criminal. Affirms convictions for battery causing bodily injury, a Class A misdemeanor, and interference with reporting a crime, a Class C misdemeanor. Livers claims his counsel was ineffective because the attorney failed to file a motion for a jury trial in a timely manner. The COA finds the trial court record does not indicate that Livers wanted a jury trial prior to his trial counsel’s belated requested. Also rejects Livers’ argument that the testimony of the victim was incredibly dubious.

Joseph M. Guinn v. Applied Composites Engineering, Inc.
Civil. Reverses grant of summary judgment in favor of Applied Composites Engineering Inc., and remands to the trial court for consideration of Joseph Guinn’s claim of tortious interference with a contract due to ACE’s enforcement of a non-compete clause that resulted in his termination from a subsequent employer. Summary judgment was improper because a genuine issue of material fact exists as to whether ACE’s conduct was justified, fair or reasonable under the circumstances.

Amy Palmer v. Margaret Sales and Unique Insurance Company
Small claims. Reverses denial of motion for change of judge and motion for jury trial and remands with instructions to grant change of judge, implement procedures for the selection of a new judge and transfer the case to the plenary docket, the majority holding that the question of timeliness of a change of judge request should be guided by the dissenting opinion in McClure v. Cooper, 893 N.E.2d 337 (Ind. Ct. App. 2008). Judge Mark Bailey, who wrote the McClure opinion, dissented in part, finding that the court shouldn’t reach McClure, which he acknowledged may have been wrongly decided, and that because Palmer acknowledged liability, proceedings on remand should be limited to the matter of damages.

William A. Asher v. Stephanie J. Coomler
Domestic relation. Reverses trial court modification of child support, holding that a magistrate was not within the class of judicial officers specified in Trial Rules for selection of a special judge and therefore could not have presided after appointment of a special judge. Remands to the trial court with instructions to permit the parties to select a successor special judge.

David M. Green v. State of Indiana
Post-conviction. Affirms denial of petition for post-conviction relief from his sentence of two consecutive 45-year sentences for his conviction of two counts of murder, concluding that a defense attorney’s failure to object to an anonymous jury was not ineffective assistance of counsel.

Tom Trisler d/b/a Canal House Antiques v. Clayton L. Carter
Small claim. Reverses the trial court’s order that Trisler reimburse Carter the purchase price for a chest of drawers. Rules when Carter bought the piece of furniture at the antiques store, he did not expect the business would remedy any defect. Consequently he has no legitimate reason to revoke his acceptance of the chest of drawers.

Gary Oswalt v. State of Indiana
Criminal. Affirms conviction and aggregate sentence of 84 years for two counts of child molesting as Class A felonies, child solicitation as a Class D felony, and five counts of possession of child pornography as Class D felonies. Rules Oswalt did not exhaust his peremptory challenges and therefore waived review of the trial court’s denial of his request to strike Juror No. 28 for cause. Finds the five charges for possession of child pornography fell within the statutory limitations period. Concludes that the evidence was sufficient to sustain Oswalt’s convictions for five counts of possession of child pornography and that Oswalt failed to demonstrate he was denied a fair trial due to the charges of possession of child pornography. Upholds the sentence as appropriate considering the nature of the offense and the character of Oswalt.

In the Matter of the Termination of the Parent-Child Relationship of K.C., R.C., and B.C., Minor Children and R.C., Father v. Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of R.C.’s (father) parental rights to K.C., R.C. and B.C.

Joseph A. Taylor v. Dr. William H. Wolfe, in his Individual Capacity as an Employee of Corizon and Medical Director at the Pendleton Correctional Facility, Corizon, Inc., and Pharma Corr, (NFP)
Civil Plenary. Affirms dismissal of Taylor’s complaint against Wolfe, Corizon Inc. and Pharma Corr for lack of subject matter jurisdiction.

In the Matter of; H.B., G.M., P.M., and A.C. (Minors), C.M. (Mother) v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
Juvenile. Affirms order terminating C.M.’s (mother) parental rights to her minor children, H.B., G.M., P.M. and A.C.

Gerald W. Staton v. Dawn M. Dobyns-Gross, Indiana Family Social Services Administration, Tippecanoe County, Indiana and Tippecanoe County Prosecutor (NFP)
Civil Tort. Affirms denial of Staton’s motion to correct error and the dismissal of Staton’s complaint.

Mark Burkett v. State of Indiana (NFP)
Criminal. Affirms 20-year sentence for criminal confinement, a Class B felony.

Brandon Stewart v. State of Indiana (NFP)
Criminal. Affirms conviction for two counts child molesting, both Class A felonies, one count sexual misconduct with a minor, a Class B felony, one count child molesting, a Class C felony, and one count sexual misconduct with a minor, a Class C felony. Also affirms aggregate sentence of 46 years.
The Indiana Supreme Court and the Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL