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Opinions Aug. 20, 2013

August 20, 2013
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Indiana Court of Appeals
Carl J. Brandenburg v. State of Indiana
40A04-1301-CR-23
Criminal. Affirms revocation of probation for failure to pay child support after conviction of a Class C felony charge of non-support of a dependent child, but remands to the trial court for a recalculation of the arrearage. The court found that Brandenburg’s daughter had turned 21 before he was charged, and the state acknowledged uncertainty about the ruling that the arrearage was $17,795.05, rather than an amount closer to $10,000, as Brandenburg claims.

Gregory Johnson v. State of Indiana
49A02-1301-CR-28
Criminal. Affirms conviction of misdemeanor possession of marijuana resulting from a police officer’s stop of a vehicle that he believed may have been in violation of the Indiana Window Tint Statute, I.C. 9-19-19-4. The panel held that the stop did not violate the U.S. or Indiana constitutions and that the trial court did not err in refusing to suppress evidence resulting from the stop.

Deborah D. Minnich v. William B. Minnich (NFP)
57A03-1303-DR-92
Divorce. Affirms the denial of Deborah Minnich’s request for an extension of time to complete the refinancing transaction. In her dissent, Judge Nancy Vaidik argues the trial court should have treated the wife’s motion as a Trial Rule 60(B) motion that would have enabled her to conduct discovery and present evidence. Consequently, the COA should have reversed the denial of the wife’s motion and remanded for an evidentiary hearing.

City of Bloomington v. Cheryl Underwood (NFP)
53A01-1212-OV-577
Ordinance Violation. Affirms grant of summary judgment to Underwood on the city’s ordinance violation complaint concerning her rental properties.  

In the Matter of the Termination of the Parent Child Relationship of: D.W., Minor Child, D.C., Father v. The Indiana Department of Child Services (NFP)
02A05-1208-JT-425
Juvenile. Affirms termination of D.C.’s (father) parental rights to his son, D.W.  

Hoosier Enterprises VII, LLC v. Diamond Vending, Inc. (NFP)
45A04-1303-SC-105
Small Claims. Affirms $6,000 judgment against Hoosier Enterprises VII for breach of contract.

Debra Barrett v. Katie Patton (NFP)
54A01-1302-CT-74
Civil Tort. Dismisses Barrett’s appeal of the trial court’s order to deny her “Trial Rule (60)(B) Motion to Set Aside Judgment of Dismissal and Motion to Substitute Party Pursuant to Trial Rule 25(D)(2). Rules the COA lacks jurisdiction because Barrett is deceased and no substitution has been made.   

Joyce Ann Hawkins v. State of Indiana (NFP)
27A02-1301-PC-47
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08201302mgr.pdf
Post Conviction. Affirms denial of post-conviction relief petition, finding Hawkins has not met the requirements for newly discovered evidence that would entitle her to a new trial.

Janyer Pinto v. State of Indiana (NFP)
36A05-1301-CR-9
Criminal. Affirms conviction of operating a vehicle as a habitual traffic violator.  

NFN Valance v. Brandy L. Valance (NFP)
17A03-1209-PO-380
Protection Order. Affirms issuance of a protective order against NFN Valance.  

Akeem Turner v. State of Indiana (NFP)
49A02-1302-CR-131
Criminal. Affirms trial court’s revocation of Turner’s probation and order for him to serve the entirety of his previously suspended sentence.  

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








 

 

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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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