Opinions Nov. 5, 2013

November 5, 2013
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Indiana Supreme Court
Jason Wilson v. Kelly (Wilson) Myers
Domestic relation. Reverses modification of custody. Finds an abuse of discretion in the way this modification was carried out and ordered as it never mentioned whether the modification was in the best interest of the children or noted any substantial change in any of the factors enumerated in I.C. 31-17-2-8. Orders an evidentiary hearing and inquiry into in-camera interviews. Since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption to the kids.

Indiana Court of Appeals
Heather Herren v. Jerry Dishman
Small claims. Affirms an order of replevin returning custody of a dog to Jerry Dishman, after Heather Herren obtained an out-of-state protective order granting her custody and control of any animal owned, possessed, kept or held as a pet by either party. The small claims court erred in refusing to accord full faith and credit to the North Carolina protective order, but because Herren neither owned nor possessed the dog at the time the protective order was issued, she was not entitled to custody.

Andrew Wann v. State of Indiana
Criminal. Affirms order requiring Andrew Wann to serve 90 days of a suspended 365-day sentence for conviction of Class A misdemeanor possession of marijuana after a probationary urinalysis tested positive. The panel rejected Wann’s arguments that the urinalysis report was admitted in violation of his due process rights and that the court imposed a sentence that contravened statutory authority because time served or credited in jail or on probation exceeded 365 days.

Ritchie Hodges v. State of Indiana
Criminal. Reverses trial court order dismissing a claim for post-conviction relief from the revocation of a conditional release to placement in community corrections. The court held that a claim of ineffective assistance of counsel at a hearing to revoke placement is a claim that conditional release was unlawfully revoked, and therefore subject to a claim under Post-Conviction Rule 1(1)(a)(5).

State of Indiana v. William Gilbert
Criminal. Reverses suppression of evidence in a drunken-driving case in which a motorist was taken to a roll-call station where a breath test was administered. Police had probable cause to seize Gilbert after he allegedly ran a stop sign and police smelled alcohol and observed him stumble as he exited his vehicle. His rights under the Fourth Amendment therefore were not violated, the panel ruled.

In the Matter of the Termination of the Parent-Child Relationship of: S.L. & D.L. (Minor Children) and K.M., (Mother) & D.L.,(Father) v, The Indiana Department of Child Services
Termination of parental rights. Affirms trial court termination order for mother and father, concluding there is clear and convincing evidence to support the trial court’s findings and the court’s ultimate determination that there is a reasonable probability that the conditions that resulted in the children’s removal or the reasons for placement outside the home will not be remedied.

D.B., et al., v. Review Board of the Indiana Department of Workforce Development, Department of Workforce Development, and Anderson Transit System, Inc.
Civil. Affirms review board’s denial of school bus drivers’ application for unemployment compensation. Rules the board did not interpret the vacation provisions of Indiana Code Section 22-4-3-5, enacted in 2011 and 2012, too broadly. Presumes since the Legislature has held that mandatory vacation or shutdown period does not entitle employees to unemployment compensation, General Assembly did not  intend to change the common law beyond what its enactments and fair implications allow.  

Anthony E. Boyd v. WHTIV, Inc. and Walter Tarr, IV
Civil plenary. Reverses both the trial court’s denial of Boyd’s motion to correct error and its grant of summary judgment in favor of WHTIV and Tarr. Holds even though Boyd took 33 days to respond to WHTIV’s and Tarr’s motion for summary judgment, Trial Rule 6(E) allows for the extra time because the motion was delivered by mail. Also, since Boyd was denied additional time to complete discovery, the grant of summary judgment was premature.  

Dawn Willsey v. State of Indiana (NFP)
Criminal. Affirms 16-year aggregate sentence following guilty plea to two counts of burglary, Class B felonies.

James W. Avery v. Cynthia L. (Avery) Howe (NFP)
Domestic relation. Affirms trial court’s dissolution decree awarding 60 percent of the marital estate to James Avery and 40 percent  to Cynthia (Avery) Howe.

A.C. James, Jr., v. State of Indiana (NFP)
Criminal. Affirms conviction of murder and criminal recklessness, a Class D felony.

Brandon Titus v. State of Indiana (NFP)
Criminal. Reverses denial of Titus’s petition for modification of convictions and remands to the trial court for further action consistent with this opinion. Holds the trial court’s discretion was limited to determining if Titus had complied with the terms of the plea agreement. Therefore, the court abused its discretion when it considered whether Titus would or could pursue a career in law enforcement.  

Eric Powell v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana. Finds police officer’s request for Powell’s identification and search for outstanding arrest warrants were reasonable under Article 1, Section 11 of the Indiana Constitution.

The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. 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.

  3. (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.

  4. 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?

  5. 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 ...