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Opinions Feb. 28, 2014

February 28, 2014
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Indiana Court of Appeals
Mary L. Anderson v. Wayne Post 64, American Legion Corp.
49A05-1309-CT-442
Civil tort. Affirms order setting aside its default judgment against Wayne Post 64, American Legion Corp. Anderson failed to serve the American Legion in a manner authorized by the Indiana Trial Rules.

Kenneth Seales v. State of Indiana
71A03-1306-CR-218
Criminal. Affirms denial of motion to remove Seales from the sex offender registry and his motion to correct error. The additional registration requirements imposed on him after a 2006 change in the law do not amount to an impermissible ex post facto law.

Eddie Hughes v. State of Indiana (NFP)
49A04-1307-CR-334
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Terry Lee Duckworth v. State of Indiana (NFP)
48A02-1307-CR-582
Criminal. Affirms sentence for Class D felony sexual battery.

In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)
02A03-1308-JT-344
Juvenile. Affirms termination of parental rights.

Debra Sue Miles v. State of Indiana (NFP)
82A01-1304-CR-179
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)
33A04-1306-CT-307
Civil tort. Reverses summary judgment in favor of Harry J. Kloeppel & Associates on Gwinn’s claim for negligence.

Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)
71A03-1305-MF-261
Mortgage foreclosure. Affirms summary judgment in favor of the bank on its complaint to foreclose on its mortgage.

Scott Logan v. State of Indiana (NFP)
20A05-1304-CR-192
Criminal. Affirms conviction of Class C felony child molestation.

D.K. v. State of Indiana (NFP)
08A02-1308-JV-734
Juvenile. Affirms finding that D.K. committed what would be Class A misdemeanor battery if committed by an adult.

Alonzo Golston Williams III v. State of Indiana (NFP)
18A02-1307-CR-624
Criminal. Affirms conviction of Class D felony intimidation.

David Ball v. State of Indiana (NFP)
48A04-1308-CR-416
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Joshua Basey v. State of Indiana (NFP)
48A05-1303-CR-138
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement in bodily injury.

James A. Lynn v. State of Indiana (NFP)
70A04-1307-CR-317
Criminal. Affirms convictions and sentence for Class B felony burglary and Class D felony theft.

Deion Taylor v. State of Indiana (NFP)
49A05-1307-CR-340
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Stewart Gase v. State of Indiana (NFP)
01A02-1306-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)
93A02-1306-EX-477
Agency action. Affirms determination that Anderson is eligible for unemployment benefits.

Johnny Leon Burchett v. State of Indiana (NFP)
73A01-1303-CR-97
Criminal. Affirms denial of motion for continuance and request to withdraw guilty plea.  

Christopher M. Galvan v. State of Indiana (NFP)
45A05-1308-CR-387
Criminal. Affirms conviction of Class C felony child molesting.

In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)
21A01-1307-AD-322
Adoption. Dismisses appeal of order granting petition of C.G. and K.G. to adopt O.R. for lack of subject matter jurisdiction.

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

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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