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Opinions Jan. 30, 2014

January 30, 2014
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Indiana Court of Appeals
In Re: The Matter of C.L., a Delinquent v. State of Indiana
05A04-1306-JV-319
Juvenile. Reverses adjudication that C.L. is delinquent for committing what would be Class A misdemeanor intimidation if committed by an adult. It was not established that C.L. committed intimidation for a prior lawful act. The evidence established that the alleged threats C.L. directed toward his grandfather were aimed at influencing future conduct, rather that in retaliation for past conduct. Judge Najam dissents.

Alexis Hutchison and Martha Farber, deceased and Trilogy Health Services, LLC, d/b/a Springhurst Health Campus
30A01-1307-SC-316
Small claim. Reverses judgment in favor of Springhurst Health Campus on its claim against Hutchinson and her now-deceased mother, Martha Farber, for payment of services provided to Farber while she was a resident at Springhurst. Hutchison agreed “to pay the Facility the full amount of the Resident’s income and resources that the Responsible Party/Agent controls or accesses,” and there was no evidence presented that she ever had access to or control of Farber’s income or resources from which to make payment to Springhurst. Remands for judgment to be entered in favor of Hutchinson.

Joel Stoffel v. JPMorgan Chase Bank, N.A. and Federal National Mortgage Association
27A02-1303-MF-299
Mortgage foreclosure.  Affirms the trial court’s rejection of Stoffel’s argument that Fannie Mae’s satisfaction of judgment prohibited Fannie Mae from introducing evidence to show the correct amount of the agreed judgment. Reverses the trial court’s calculation of the amount of the agreed judgment, which the trial court determined after considering inadmissible evidence. Considering only the admissible evidence, holds that the amount of Fannie Mae’s credit bid exceeded the amount of the agreed judgment by $374.58. Remands with instructions that the trial court enter judgment for Stoffel in the amount of $374.58.

Edward Lee Matthys v. State of Indiana (NFP)
79A02-1303-CR-217
Criminal. Affirms termination from county re-entry court program and placement in the Department of Correction.

Lincolnshire Healthcare Operations Company, LLC, Lincolnshire Healthcare Center, Inc., and Tender Loving Care Management, Inc. v. The Estate of Dora Berry, by Personal Representative Rita Claxton (NFP)
45A05-1306-CT-276
Civil tort. Reverses denial of Lincolnshire’s motion to compel arbitration. Remands for further proceedings.

In the Matter of the Adoption of T.G.: D.G. v. M.C. (NFP)
89A04-1305-AD-260
Adoption. Affirms order that father’s consent to adoption was not required.

Derrick Barbour v. State of Indiana (NFP)
32A01-1304-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle with a BAC greater than or equal to 0.15 and an infraction for driving with a suspended license.

Joseph K. Buelna v. State of Indiana (NFP)
20A04-1305-CR-223
Criminal. Affirms conviction and sentence for Class A felony manufacturing methamphetamine.

John Wallace v. State of Indiana (NFP)
49A02-1306-CR-524
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

John McLaughlin v. State of Indiana (NFP)
49A05-1305-CR-245
Criminal. Affirms denial of motion to suppress.

In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. Affirms involuntary commitment to the VA Medical Center.

John Kryza v. State of Indiana (NFP)
64A05-1305-CR-239
Criminal. Affirms convictions of Class C misdemeanor OWI with an alcohol concentration equivalent of at least 0.08 grams but less than 0.15 grams of alcohol and Class C misdemeanor OWI.

Casey M. Jordan v. State of Indiana (NFP)
02A04-1307-CR-355
Criminal. Affirms sentence for conviction for indirect contempt of court arising from the violation of a no-contact order.

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

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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