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Opinions April 9, 2014

April 9, 2014
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Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. Niswander
35A02-1307-CT-638
Civil tort. Affirms dismissal of complaint of negligence against H.H. Niswander and award of attorney fees to the car dealership. There was no evidence in the cause-and-origin report that H.H. Niswander was negligent or that the oil change performed by H.H. Niswander caused the car fire. There was no evidence supporting State Farm’s allegations that H.H. Niswander was negligent or caused the fire. Despite this lack of evidence, State Farm pursued the case.

K.L. v. E.H.
29A02-1308-MI-681
Miscellaneous. Affirms order granting the petition for visitation filed by E.H., the paternal grandfather of K.L.’s child. The trial court did not abuse its discretion in excluding the testimony Mother wished to elicit from a mediator regarding visitation. The trial court acknowledged the limited contact mother had with E.H.’s family, the grandfather’s experience caring for and raising children, and that there was no evidence L.L. would be unsafe in his care. Judge Robb concurs in part and dissents in part.

Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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