Opinions Nov. 20, 2013

November 20, 2013
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Clifford and Judith Ann Garrett v. Paul and Linda Spear
Civil plenary. Affirms summary judgment for the Spears on their claims of title by acquiescence and adverse possession and denial of summary judgment for the Garrets. The trial court did not err in granting summary judgment based upon the doctrine of title by acquiescence.

Tony Sluder v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor possession of paraphernalia. The evidence was insufficient to establish that Sluder intended to use the syringe to introduce a controlled substance into his body.

Thomas Haggerty and Cathy Haggerty v. Anonymous Party 1, Anonymous Party 2, and Anonymous Party 3
Civil tort. Affirms in part and reverses in part. The trial court had jurisdiction to rule on the issue of immunity because it is an affirmative defense. Concludes that the Haggertys’ suit against the anonymous parties is barred by statutory immunity. Affirms the trial court’s grant of summary judgment, on immunity grounds, to AP1. Concludes that there is no genuine issue of material fact as to whether immunity also applies to AP2 and AP3; thus, reverses the trial court’s denial of their motion for summary judgment. Judge Baker dissents in part.

The City of Fort Wayne v. Consolidated Electrical Distributors, Inc. d/b/a All-Phase Electric Supply Co.
Civil collection. Affirms summary judgment for All-Phase on its unpaid subcontractor’s claim served on the mayor of Fort Wayne and against the city. When read in conjunction with relevant statutory provisions, I.C. 36-1-12-12 allowed All-Phase to serve notice of its unpaid subcontractor’s claim on the mayor of Fort Wayne. Also finds that All-Phase provided timely notice of its claim.

In Re The Paternity of B.B., R.B. v. T.J.
Juvenile. Affirms order modifying custody, visitation and support of B.B. to mother T.J. The court ruled that the mother was in the best position to act as B.B.’s primary caretaker and awarded her physical custody. After review, COA cannot say that the court’s findings or conclusions were clearly erroneous and concludes that the court did not abuse its discretion in granting her petition to modify custody.

John S. Paniaguas, Kathy R. Paniaguas, Woodrow Cornett, III, and Kristine E. Cornett v. Endor, Inc. et al (NFP)
Civil plenary. Affirms order that determined that the appellee homeowners’ homes were in compliance with the restrictive covenants of the subdivision.

In The Matter of The Estate of Charles W. Merlau, Deceased, Patricia Trout v. C. Thomas Cone, et al (NFP)
Estate, unsupervised. Affirms in part and reverses in part, and remands with instructions to conduct further proceedings. The successor representative improperly valued the stock, in that it should have been valued as of the date of distribution rather than on the date of the decedent’s death. All of the heirs should share equally in the payment of the taxes and the loss that was incurred on the stock. A subsequent hearing needs to be conducted that also addresses the issue of an administrative claim that the business lodged against the estate.

Dino D. Hickmon, Sr v. State of Indiana (NFP)
Criminal. Affirms 22-year sentence for two convictions of Class B felony incest.

Howard Moffitt v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and Class C misdemeanor operating never having received a license.

Carlowe Wilson v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a dependent child.

Tawon L. Wright v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony possession of cocaine.

George Cunitz v. State of Indiana (NFP)
Criminal. Affirms 40-year sentence following convictions for two counts of Class B felony burglary.

Eric Rasnick v. State of Indiana (NFP)
Criminal. Affirms convictions and 36-year sentence for Class B felony burglary and Class D felony theft.

The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  4. 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.

  5. (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.