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Opinions April 9, 2014

April 9, 2014
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Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander
35A02-1307-CT-638
Civil tort. Affirms dismissal of complaint of negligence against H.H. Niswander and award of attorney fees to the car dealership. There was no evidence in the cause-and-origin report that H.H. Niswander was negligent or that the oil change performed by H.H. Niswander caused the car fire. There was no evidence supporting State Farm’s allegations that H.H. Niswander was negligent or caused the fire. Despite this lack of evidence, State Farm pursued the case.

K.L. v. E.H.
29A02-1308-MI-681
Miscellaneous. Affirms order granting the petition for visitation filed by E.H., the paternal grandfather of K.L.’s child. The trial court did not abuse its discretion in excluding the testimony Mother wished to elicit from a mediator regarding visitation. The trial court acknowledged the limited contact mother had with E.H.’s family, the grandfather’s experience caring for and raising children, and that there was no evidence L.L. would be unsafe in his care. Judge Robb concurs in part and dissents in part.

Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

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

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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