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Opinions Aug. 11, 2014

August 11, 2014
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Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.

L.C. Westervelt, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, et al. v. George Woodcock III, d/b/a West Drilling Company
65A01-1311-PL-501
Civil plenary. Reverses summary judgment against Carolyn Sue Stinson and remands to the trial court to enter summary judgment for Stinson. The Posey Circuit Court determined Stinson’s ownership in a mineral interest had lapsed. However, the Court of Appeals found the judgment for Woodcock was in error because Stinson had paid taxes which prevented the lapse of her mineral interest. Judge Mark Bailey concurred in result.  

Colton Milam v. State of Indiana
49A02-1312-CR-998
Criminal. Reverses conviction of Class B misdemeanor public intoxication, finding there is insufficient evidence to sustain the conviction.

Marcus Richardson v. Wendy Knight
48A04-1312-MI-625
Miscellaneous. Affirms trial court’s transfer of Marcus Richardson’s petition for writ of habeas corpus from Madison Circuit Court to the sentencing Marion Superior Court. Because the petition is an attack on the validity of Richardson’s conviction of murder and 60-year sentence, it is to be treated as a petition for post-conviction relief and must be transferred to the sentencing court.

Micah T. Lminggio v. State of Indiana (NFP)
79A04-1312-CR-635
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and two counts of Class B felony possession of a firearm by a serious violent felon.

Kevin L. Curry v. State of Indiana (NFP)
20A03-1312-PC-513
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)
53A01-1402-MH-66
Mental health. Affirms involuntary mental health commitment, order for forced medication and order for transport to Richmond State Hospital.

Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)
02A03-1310-MI-397
Miscellaneous. Affirms denial of motion to vacate judgment.

James Mantz v. State of Indiana (NFP)
49A05-1304-CR-200
Criminal. Dismisses motion for immediate discharge from unlawful imprisonment.  

Robert D. Bowen v. State of Indiana (NFP)
08A02-1312-CR-1078
Criminal. Affirms resentencing on remand from Indiana Supreme Court.

Lisa Ritchie v. State of Indiana (NFP)
20A04-1306-CR-286
Criminal. Affirms denial of motion to correct erroneous sentence.

Jimmie T. Bowen v. State of Indiana (NFP)
45A04-1312-CR-631
Criminal. Affirms three-year sentence of Class D felony theft.

Bulent Colak v. State of Indiana (NFP)
82A01-1312-CR-557
Criminal. Affirms conviction of Class D felony battery.

John Anthony v. State of Indiana (NFP)
49A02-1312-CR-1033
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Christopher Woodburn v. State of Indiana (NFP)
71A05-1312-CR-638
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1308-JT-344
Juvenile. Affirms termination of parental rights.

Chanse T. Starr v. State of Indiana (NFP)
90A02-1306-CR-499
Criminal. Affirms eight-year sentence for conviction of Class C felony burglary served consecutively to a previous conviction of Class C felony corrupt business influence.
 
Gerardo Nino Romero v. State of Indiana (NFP)
02A03-1208-PC-379
Post conviction. Affirms denial of post-conviction relief.
 
Donald Woods v. State of Indiana (NFP)
49A02-1310-PC-858
Post conviction. Affirms denial of post-conviction relief.
 
Christopher Lawson v. State of Indiana (NFP)
79A02-1307-CR-664
Criminal. Affirms aggregate 20-year sentence for convictions of Class B felony possession of a narcotic drug within 1,000 feet of a family housing complex, two counts of Class D felony neglect of a dependent and Class A misdemeanor possession of paraphernalia.

Robert Hoffman v. State of Indiana (NFP)
71A03-1401-CR-41
Criminal. Affirms in part, reverses in part and remands. Affirms conviction of Class D felony strangulation, but reverses imposition of a domestic violence fee and remands with instructions to vacate that part of the judgment.
 

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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