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Opinions Aug. 27, 2012

August 27, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Ian McCullough v. State of Indiana
49A02-1106-PC-571
Post-conviction relief. Affirms post-conviction court’s judgment that trial counsel was not ineffective, holding that McCullough failed to carry his burden to show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

Wells Fargo Bank, N.A., Successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al.
02A04-1103-CP-112
Civil plenary/rehearing. Reverses prior appellate ruling that complaint was not timely, affirms in part and remands in part, finding that the trial court erred in calculating a judgment of $627,570 in favor of restaurateur Paula Phillips by miscalculating profits against debt. It upheld the judgment on interest expense, salaries, taxes and attorney fees.

Joseph Meizelis v. Dana Durbin and Debra Durbin
70A01-1112-DR-598
Domestic relation. Affirms the trial court properly found that Meizelis lacked a present interest in the Durbins’ farm and could not prevent a settlement between Dana and Debra Durbin. Remands with instructions to strike Meizelis’ lis pendens notice.

Mitzi Bosley v. Niktob, LLC, Design Industries, Inc., Peg Rail, Inc., and Originnovations, Inc.
49A04-1111-PL-599
Civil plenary. Reverses trial court grant of summary judgment in favor of Niktob, holding that the arguments it presented in ejectment court were the same as those presented in another action in environmental court.

Robert Dowell v. State of Indiana
09A05-1201-CR-36
Criminal. Reverses conviction of Class A felony robbery resulting in serious bodily injury. The court gave the jury an additional instruction on accomplice liability without re-reading the rest of the instructions. Remands for a new trial.

Michael Butler and Amanda Butler v. Jerry Hall and Susan Hall (NFP)
07A01-1111-SC-521
Small claims. Affirms trial court judgment in favor of defendants.

Arbie Clay, Jr. v. State of Indiana (NFP)
34A02-1202-CR-156
Criminal. Affirms trial court conviction of Class C felony robbery.
 
Lloyd E. Lynch v. State of Indiana (NFP)
49A04-1111-CR-604
Criminal. Affirms conviction of Class B felony confinement.
 
Ayman Eldosougi v. State of Indiana (NFP)
49A02-1202-CR-103
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

K.C., on Behalf of M.C. v. State of Indiana (NFP)
32A01-1111-JV-533
Juvenile. Affirms delinquency order requiring payment of certain fees.
 
Robert Cruser, III v. State of Indiana (NFP)
29A02-1203-CR-187
Criminal. Affirms conviction of Class D felony domestic battery.
 
In the Matter of the Guardianship of Guido Joiko; Kenneth Schaaf v. Fifth Third Bancorp, Guido Joiko, and Geralyn Bradley (NFP)
87A04-1112-GU-705
Guardianship. Affirms trial court ruling that Joiko was of sound mind when he executed a revised trust.

Larry Schine v. State of Indiana (NFP)
79A02-1112-CR-1145
Criminal. Affirms in part and remands in part with orders to vacate a conviction of possession of cocaine, which the court ruled violated double jeopardy of a simultaneous conviction of dealing in cocaine.

Term. of Parent-Child Rel. of A.J.-G., Minor Child, and her Mother, S.J.-G.; S.J.-G. v. Indiana Dept. of Child Services (NFP)
71A05-1112-JT-696
Juvenile/termination. Affirms trial court order terminating mother S.J.-G’s parental rights to A.J.-G.
 
Terry Chanley v. State of Indiana (NFP)
87A01-1201-CR-42
Criminal. Affirms trial court denial of motion for jail time credit.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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