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.
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
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
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
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
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)
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)
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)
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)
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)
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)
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)
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)
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)
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. 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.