Opinions

Opinions Nov. 25, 2013

November 25, 2013
Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.
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Opinions Nov. 22, 2013

November 22, 2013
Indiana Supreme Court
Harold O. Fulp, Jr. v. Nancy A. Gilliland
41S01-1306-TR-426
Trust. Reverses denial of specific performance of the purchase agreement to Harold Fulp Jr. Under the terms of the trust and the Trust Code, Ruth Fulp owed her children no fiduciary duties and was free to sell her farm at less than fair market value; Harold Fulp Jr. is therefore entitled to specific performance. Concludes that Ruth Fulp did not effectively amend the trust by selling the farm.
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Opinions Nov. 21, 2013

November 21, 2013
Indiana Court of Appeals
B.R., a Minor, by his Guardian, Teresa Todd v. State of Indiana, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center
55A05-1212-CT-639
Civil tort. Reverses grant of Adult and Child Mental Health Center’s Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The allegations in B.R.’s complaint, i.e. that his case manager negligently placed him with the respite therapeutic foster parents and negligently failed to inform the foster parents that B.R. was an overly active child known to run from adults and escape his home, are not directly related to any medical care B.R. received from the Health Center. Furthermore, the foster care placement was not made by a health care professional. Because B.R.’s claims sound in general negligence, his claims fall outside the Medical Malpractice Act.
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Opinions Nov. 20, 2013

November 20, 2013
Indiana Court of Appeals
Clifford and Judith Ann Garrett v. Paul and Linda Spear
23A01-1303-PL-96
Civil plenary. Affirms summary judgment for the Spears on their claims of title by acquiescence and adverse possession and denial of summary judgment for the Garrets. The trial court did not err in granting summary judgment based upon the doctrine of title by acquiescence.
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Opinions Nov. 19, 2013

November 19, 2013
Indiana Supreme Court
Gersh Zavodnik v. Michela Rinaldi, et al
49S05-1311-CT-759
Civil tort. Reverses order of dismissal and remands to the trial court for further proceedings without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.
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Opinions Nov. 18, 2013

November 18, 2013
Indiana Court of Appeals
Bart Whitesitt v. Town of Knightstown
33A04-1302-MI-72
Miscellaneous. Affirms summary judgment in favor of the town of Knightstown. Holds although Indiana Code 33-35-1-1 only allows a second- or third-class city to abolish a local town court every fourth year,  Knightstown did not violate the state statute because its town court was established in 1970 and is, therefore, exempt from the four-year restriction.
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Opinions Nov. 16, 2013

November 15, 2013
Indiana Supreme Court
Patrick Austin v. State of Indiana
20S03-1303-CR-158
Criminal. Affirms conviction and aggregate 45-year sentence for two counts of Class A felony dealing in cocaine. A traffic stop and canine search that led to the discovery of nearly 90 pounds of cocaine hidden in a semi-truck was not unreasonable, and the trial court’s decision to continue Austin’s trial beyond the 70-day speedy trial window due to court congestion was not clearly erroneous.





 
 
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Opinions Nov. 14, 2013

November 14, 2013
Indiana Court of Appeals
Darliss Wert and Gary Wert v. Meridian Security Insurance Company
15A01-1306-CT-252
Civil tort. Reverses summary judgment in favor of the insurance company on the Werts’ underinsured-motorist claim. Provisions in the insurance contract, when read together, make it unclear when the Werts should have filed a lawsuit to preserve their claim and may completely foreclose their ability to file a lawsuit.
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Opinions Nov. 13, 2013

November 13, 2013
Indiana Supreme Court
Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansport
09S00-1307-PL-476
Civil plenary. Affirms trial court dismissal of a suit challenging the city’s planned public-private partnership to convert a coal-fired power plant to generate electricity by burning refuse. Justices held that the Indiana Public-Private Agreements statute does not require a local legislative body to adopt an enabling statute before it may issue requests for proposals or begin contract negotiations.
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Opinions Nov. 12, 2013

November 12, 2013
Indiana Court of Appeals
James Edward Banks, Jr. v. State of Indiana (NFP)
82A01-1301-CR-38
Criminal. Affirms denial of Banks’ motion to correct erroneous sentence.
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Opinions Nov. 11, 2013

November 11, 2013
7th Circuit Court of Appeals
William D. Grote III et al, v. Kathleen Sebelius, et al.
13-1077
Reverses and remands to the District Court for the Southern District of Indiana with orders to grant an injunction prohibiting enforcement of the “contraception mandate” of the Patient Protection and Affordable Care Act. The majority held that Grote Industries made a strong case for relief from the mandate under the Religious Freedom Restoration Act, but Judge Ilana Rovner warned that the panel was rewriting the law to extend rights of religion to a for-profit, secular corporation, thereby opening a host of federal regulations to religious challenges from corporation owners.
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Opinions Nov. 8, 2013

November 8, 2013
Indiana Court of Appeals
Hitesh Seth v. Midland Funding, LLC, as an Assignee of Columbus Bank and Trust as Issuer of Aspire Visa
48A05-1303-CC-110
Civil collection. Reverses summary judgment in favor of Midland Funding LLC on Midland’s complaint against Seth for nonpayment of credit card debt. Midland has failed as a matter of law to designate evidence to make a prima facie case that it is entitled to summary judgment on its complaint. Accordingly, the burden of proof did not shift to Seth to show that there exist questions of material fact precluding summary judgment.
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Opinions Nov. 7, 2013

November 7, 2013
Indiana Court of Appeals
Debra Minott, Faith Laird, Patti Bailey v. Lee Alan Bryant Health Care Facilities, Inc.; Parkview Residential Care Center, L.L.C.; Parke County Residential Care Center, L.L.C., et al.
49A05-1305-PL-213
Civil plenary. Reverses denial of state’s request for restitution for damages paid. The Nov. 8 order was not a final judgment because it did not address the issue of restitution. Holds the law firms and creditor banks in this case are judgment creditors. Remands for further proceedings.
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Opinions Nov. 6, 2013

November 6, 2013
Indiana Court of Appeals
Kimberly Kubina v. State of Indiana
45A03-1303-CR-100
Criminal. Affirms 35-year sentence following guilty plea to Class A felony neglect of a dependent. The trial court did not abuse its discretion in finding Kubina was in a position of trust with her stepson.
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Opinions Nov. 5, 2013

November 5, 2013
Indiana Supreme Court
Jason Wilson v. Kelly (Wilson) Myers
71S03-1305-DR-399
Domestic relation. Reverses modification of custody. Finds an abuse of discretion in the way this modification was carried out and ordered as it never mentioned whether the modification was in the best interest of the children or noted any substantial change in any of the factors enumerated in I.C. 31-17-2-8. Orders an evidentiary hearing and inquiry into in-camera interviews. Since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption to the kids.
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Opinions Nov. 4, 2013

November 4, 2013
7th Circuit Court of Appeals
Christian Serino v. Alec Hensley and City of Oakland City, Indiana
13-1058
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms dismissal of Serino’s lawsuit for federal claims of false arrest and malicious prosecution and Indiana tort claims for false arrest, malicious prosecution and intentional infliction of emotional distress. Serino’s claims are time-barred; his federal malicious prosecution claim failed to state a constitutional violation independent of his time-barred false arrest claim, and his state law claims for malicious prosecution and IIED were barred by the defendants’ immunity under the Indiana Tort Claims Act.
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Opinions Nov. 1, 2013

November 1, 2013
Tax Court
Virginia Garwood v. Indiana Dept. of State Revenue.
82T10-1208-TA-46
Denies state motion to dismiss Garwood’s claim that she is entitled to a refund of $122,684, the value of animals and property seized from an alleged ‘puppy mill’ through the use of jeopardy tax warrants that were voided by prior court rulings. The court ruled it has jurisdiction because the matter arises under tax law and that Garwood properly filed claims with the Department of State Revenue that led to the litigation.
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Opinions Oct. 31, 2013

October 31, 2013
7th Circuit Court of Appeals
Mark Suesz, individually and on behalf of a class v. Med-1 Solutions LLC
13-1821
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of Suesz’s complaint that Med-1 Solutions violated the Fair Debt Collection Practices Act after obtaining a favorable judgment against him in Marion County Small Claims Court in Pike Township because he neither lived nor signed the contract in that township. Small claim courts are not judicial districts for purposes of the FDCPA. Judge Posner dissents.
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Opinions Oct. 30, 2013

October 30, 2013
Indiana Court of Appeals
Eric Danner v. State of Indiana (NFP)
71A03-1304-PC-146
Post conviction. Affirms denial of petition for post-conviction relief.
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Opinions Oct. 29, 2013

October 29, 2013
Shawn Telligman v. Review Board of the Indiana Department of Workforce Development and Indiana Department of Workforce Development Unemployment Insurance Claims Adjudication
93A02-1304-EX-303
Agency action. Affirms ruling in favor of the IDWD’s claim that Telligman failed to disclose or falsified information to IDWD in order to receive unemployment benefits. The ALJ and review board did not err in finding that Telligman knowingly failed to disclose or falsified facts that would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits, and in finding him liable to repay IDWD the benefit overpayment amounts together with applicable penalties and interest. The board did not abuse its discretion in denying his request to submit additional evidence.
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Opinions Oct. 28, 2013

October 28, 2013
Indiana Court of Appeals
Chaunsey L. Fox v. State of Indiana
71A04-1304-CR-187
Criminal. Affirms felony murder conviction. The trial court did not abuse its discretion by denying Fox’s motion to dismiss and allowing the jury to determine the issue of credibility and answer the question of who was telling the truth.
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Opinions Oct. 25, 2013

October 25, 2013
Indiana Court of Appeals
Michael A. Lane v. State of Indiana
82A05-1212-CR-640
Criminal. Affirms convictions of murder, Class B felony conspiracy to commit dealing in a schedule II controlled substance, and two counts of Class C felony criminal recklessness. Holds an instruction on reckless homicide was not warranted and that brief testimonial hearsay evidence admitted was harmless beyond a reasonable doubt.
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Opinions Oct. 24, 2013

October 24, 2013
Indiana Court of Appeals
Gregory Dickens v. State of Indiana
71A03-1304-PC-101
Post conviction. Affirms denial of petition for post-conviction relief seeking new trial for murder of a police officer. Dickens was not entitled to a new trial in light of either newly discovered evidence or an alleged Brady violation. He also did not receive ineffective assistance of trial counsel.
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Opinions Oct. 23, 2013

October 23, 2013
Indiana Court of Appeals
Phillip Griffin v. State of Indiana
49A02-1212-CR-964
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement as the police officer lacked reasonable suspicion to detain Griffin for the purpose of investigating a possible crime. Affirms conviction of Class A misdemeanor battering an officer while being placed under arrest because there is sufficient evidence Griffin was not acting in self-defense. Also reverses order to perform community services and remands to address the question of payment of costs. Judge Mathias concurs in separate opinion; Judge Bailey concurs in part and dissents in part.
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Opinions Oct. 22, 2013

October 22, 2013
7th Circuit Court of Appeals
Billy Julian v. Sam Hanna, et. al.
1:11-CV-01536
Criminal. Reverses District Court grant of summary judgment to defendant parties in a malicious prosecution case and remands for further proceedings, holding that Billy Julian’s claim was improperly dismissed as untimely. The panel held that the two-year window for the claim did not begin until November 2010, when charges against him were dismissed, and therefore filing of the claim in July 2011 was timely.
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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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