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Opinions April 4, 2012

April 4, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Melanie Webster v. Walgreen Co.
55A01-1110-CT-442
Civil. Affirms judgment of trial court denying motion to amend the filing date of a complaint against Walgreen in order to comply with the statute of limitations. The appellate court held that “mailing” for purposes of the Indiana Trial Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was untimely.

Calvin Hair v. Mike Schellenberger and Lawyers Title Ins. Corp., Wells Fargo Bank, N.A., Felix Adejare, and Sharon Adejare
49A02-1107-PL-685
Civil. Affirms trial court’s judgment in a property title dispute in which the court denied Calvin Hair’s motion for partial summary judgment and granted the appellees' motions for summary judgment. Appellate panel found that Hair’s judgment was outside the chain of title and that the person who purchased the Talbott Street property in Indianapolis was a bona fide purchaser as a matter of law.

Mid-Century Ins. Co. v. Estate of Thomas Lynn Morris, by and through his personal representative, Tommy Lynn Morris, Daemen Sampson, and Dora Robinson
07A01-1106-PL-313
Civil. Affirms trial court judgment granting an estate’s motion to dismiss a complaint for declaratory judgment filed by a California-based insurance exchange operation. Holds the trial court didn’t abuse its discretion in granting the motion to dismiss.

Ronald Rexroat v. State of Indiana
49A02-1107-CR-594
Criminal. Affirms convictions of two counts of child molesting and finds that they do no violate double jeopardy principles simply because the pair of charges are worded identically. Appellate court also found that a condition of probation requiring defendant to have no contact with any person 18 or younger unless first approved is not overbroad and a violation of First Amendment rights.

Mark Todisco v. State of Indiana
32A01-1108-CR-393
Criminal. Affirms trial court’s denial of a motion to discharge, finding against defendant who was found guilty by a jury of Class B misdemeanor disorderly conduct and alleged the state failed to bring him to trial within one year according to Indiana Criminal Rule 4(C).

In Re the Term. of the Parent-Child Rel. of D.T. and J.T. v. The Indiana Dept. of Child Services (NFP)
79A04-1108-JT-483
Juvenile. Affirms trial court’s termination of a mother’s parental rights as to her minor child, finding clear and convincing evidence to support the findings that the conditions that led to the child’s removal will not be remedied and termination is in the child’s best interest.

Gregory Hayes v. State of Indiana (NFP)
49A02-1109-CR-848
Criminal. Reverses trial court’s order revoking probation, finding evidence insufficient to support the determination that defendant violated his probation terms.

In re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf (NFP)
32A04-1111-DR-582
Divorce. Reverses trial court’s decision to award attorney fees in a protracted divorce case involving a new parenting time agreement. Remands for court to hold further proceedings on the fees.

Rex A. Clark v. State of Indiana (NFP)
03A04-1109-CR-485
Criminal. Affirms sentence of man convicted of Class A misdemeanor resisting law enforcement and Class D felony receiving stolen auto parts, finding trial court didn’t abuse its discretion in issuing a sentence of nearly 3.5 years and the penalty is not inappropriate.

Lorraine Tietjen v. PEP Educational Support, Inc., Turner Marketing, Inc., and Richard P. Turner (NFP)
49A02-1102-PL-152
Civil. Affirms trial court’s judgment in favor of an educational support service and marketing company following a bench trial involving fraud and breach of contract. Appellate panel finds trial court did not err in its judgment.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of Ja.B., J.B., J.P., A.P. & C.P.; and R.P. v. Indiana Dept. of Child Services and Lake Co. CASA (NFP)
45A03-1110-JT-453
Juvenile. Affirms order terminating mother’s parental rights to three children, finding the state DCS provided sufficient evidence to support the termination.

Ryan S. Shearer v. State of Indiana (NFP)
92A04-1108-CR-405
Criminal. Affirms sentence for a man convicted of Class B felony sexual misconduct with a minor, where the trial court sentenced him to an advisory 10 years with two years suspended to probation.

Rachel Ann Ruch v. State of Indiana (NFP)
57A03-1111-CR-498
Criminal. Affirms sentence imposed for Class B felony conviction of dealing in methamphetamine and Class A misdemeanor conviction of possession of paraphernalia, finding trial court did not err in imposing aggregate 15-year sentence with five years suspended to probation.

James Alvarado v. State of Indiana (NFP)
52A02-1110-CR-984
Criminal. Reverses trial court’s revocation of probation on grounds that evidence is insufficient to support findings that defendant violated his probation.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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