Opinions June 13, 2014

June 13, 2014
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Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Randy L. Knapp v. State of Indiana
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.

Indiana Court of Appeals
Brian S. Moore v. Kristy L. Moore
Domestic relation. Reverses contempt finding against Brian Moore and 30-day suspended jail sentence. The trial court improperly denied his request for the appointment of counsel. Remands for the trial court to determine if he is indigent and, if so, to appoint counsel to represent him at a new contempt hearing.

Robert L. Slone v. State of Indiana
Criminal. Affirms 24-year sentence after Robert L. Slone pleaded guilty to three counts of burglary in two separate causes. The fact that the state chose to join charges for trial does not prove that Slone’s criminal actions arose from a single episode of criminal conduct, therefore, the court did not abuse its discretion in sentencing.

In the Matter of the Adoption of M.S.; C.L.S., v. A.L.S.
Adoption. Affirms trial court’s order granting stepmother’s petition to adopt minor daughter, M.S. Rejects mother’s argument that the trial court’s calculation of her child support arrearage as the equivalent of one year of missed payments was improper. Concludes that interpreting Indiana statute as meaning a parent must fail to pay child support for one entire calendar year could lead to absurd consequences. Also finds the adoption was in M.S.’s best interests.

Jonathan Stephens v. State of Indiana

Criminal. Affirms Class C felony criminal confinement conviction. There is sufficient evidence to support the conviction; Stephens’ attorney did not provide ineffective assistance; and, although the prosecutor made one improper remark during closing arguments, Stephens could not prove fundamental error. Remands with instructions for trial court to correct the sentencing order, abstract of judgment and chronological case summary to reflect that an 8-year habitual offender enhancement serves as an enhancement of the criminal confinement conviction.

Randolph Kelley v. State of Indiana and Paige A. Devlin
Criminal. Affirms trial court order awarding Devlin a $50,000 credit toward restitution in Kelly’s favor. The criminal court did not commit reversible error when it granted Devlin a credit toward the restitution order based on her insurer’s payment of damages pursuant to a civil settlement to satisfy the criminal court’s restitution order of $59.974.87 for injuries Kelley suffered as a result of Devlin operating a vehicle while intoxicated.

Lakhvir Singh v. State of Indiana (NFP)

Criminal. Affirms convictions of Class B felony rape, Class B felony attempted criminal deviate conduct, Class D felony sexual battery, Class D felony strangulation and Class A misdemeanor domestic battery.

Dena Alfayyad v. U.S. Bank National Association as Trustee for RASC 2007KS3 (NFP)
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank National Association.

In the Matter of: A.H., Jb.H., and Je.H., Children in Need of Services, C.P. v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms adjudication of children in need of services.

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


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. 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?)

  3. 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.

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

  5. 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.