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Opinions Aug. 11, 2014

August 11, 2014
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Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.

L.C. Westervelt, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, et al. v. George Woodcock III, d/b/a West Drilling Company
65A01-1311-PL-501
Civil plenary. Reverses summary judgment against Carolyn Sue Stinson and remands to the trial court to enter summary judgment for Stinson. The Posey Circuit Court determined Stinson’s ownership in a mineral interest had lapsed. However, the Court of Appeals found the judgment for Woodcock was in error because Stinson had paid taxes which prevented the lapse of her mineral interest. Judge Mark Bailey concurred in result.  

Colton Milam v. State of Indiana
49A02-1312-CR-998
Criminal. Reverses conviction of Class B misdemeanor public intoxication, finding there is insufficient evidence to sustain the conviction.

Marcus Richardson v. Wendy Knight
48A04-1312-MI-625
Miscellaneous. Affirms trial court’s transfer of Marcus Richardson’s petition for writ of habeas corpus from Madison Circuit Court to the sentencing Marion Superior Court. Because the petition is an attack on the validity of Richardson’s conviction of murder and 60-year sentence, it is to be treated as a petition for post-conviction relief and must be transferred to the sentencing court.

Micah T. Lminggio v. State of Indiana (NFP)
79A04-1312-CR-635
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and two counts of Class B felony possession of a firearm by a serious violent felon.

Kevin L. Curry v. State of Indiana (NFP)
20A03-1312-PC-513
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)
53A01-1402-MH-66
Mental health. Affirms involuntary mental health commitment, order for forced medication and order for transport to Richmond State Hospital.

Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)
02A03-1310-MI-397
Miscellaneous. Affirms denial of motion to vacate judgment.

James Mantz v. State of Indiana (NFP)
49A05-1304-CR-200
Criminal. Dismisses motion for immediate discharge from unlawful imprisonment.  

Robert D. Bowen v. State of Indiana (NFP)
08A02-1312-CR-1078
Criminal. Affirms resentencing on remand from Indiana Supreme Court.

Lisa Ritchie v. State of Indiana (NFP)
20A04-1306-CR-286
Criminal. Affirms denial of motion to correct erroneous sentence.

Jimmie T. Bowen v. State of Indiana (NFP)
45A04-1312-CR-631
Criminal. Affirms three-year sentence of Class D felony theft.

Bulent Colak v. State of Indiana (NFP)
82A01-1312-CR-557
Criminal. Affirms conviction of Class D felony battery.

John Anthony v. State of Indiana (NFP)
49A02-1312-CR-1033
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Christopher Woodburn v. State of Indiana (NFP)
71A05-1312-CR-638
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1308-JT-344
Juvenile. Affirms termination of parental rights.

Chanse T. Starr v. State of Indiana (NFP)
90A02-1306-CR-499
Criminal. Affirms eight-year sentence for conviction of Class C felony burglary served consecutively to a previous conviction of Class C felony corrupt business influence.
 
Gerardo Nino Romero v. State of Indiana (NFP)
02A03-1208-PC-379
Post conviction. Affirms denial of post-conviction relief.
 
Donald Woods v. State of Indiana (NFP)
49A02-1310-PC-858
Post conviction. Affirms denial of post-conviction relief.
 
Christopher Lawson v. State of Indiana (NFP)
79A02-1307-CR-664
Criminal. Affirms aggregate 20-year sentence for convictions of Class B felony possession of a narcotic drug within 1,000 feet of a family housing complex, two counts of Class D felony neglect of a dependent and Class A misdemeanor possession of paraphernalia.

Robert Hoffman v. State of Indiana (NFP)
71A03-1401-CR-41
Criminal. Affirms in part, reverses in part and remands. Affirms conviction of Class D felony strangulation, but reverses imposition of a domestic violence fee and remands with instructions to vacate that part of the judgment.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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