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Opinions Aug. 31, 2011

August 31, 2011
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The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court
Quincy Branham & Shannon Branham v. Rodney Varble & Carol Varble
62S04-1103-SC-139
Small claim. Reverses orders to pay $50 per month and the order Quincy Branham submit five job applications a week.  Affirms order to return for a status check. A court does not err when it orders a party to return for status checks some limited number of times, even if an information of contempt has not been filed.

Quincy Branham & Shannon Branham v. Rodney Varble & Norman Chastain
62S01-1103-SC-141
Small claim. Reverses order that Quincy and Shannon Branham pay on the judgment despite their lack of non-exempt income. The record doesn’t show that the Branhams have any property or income that is not covered by an exemption. Reverses order that Quincy file a certain number of job applications per week. Court orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.

Wednesday’s opinions
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Area Foundation of the United Methodist Church, Inc., d/b/a United Methodist Church, Bishop Michael Coyner, Ann Glass, and Robert Ostermeier v. Lynn Snyder
49A05-1011-CT-715
Civil tort. Reverses denial of the church’s motion for summary judgment on Rev. Snyder’s defamation claim. The church has made a prima facie showing that the trial court erred on this matter because the statements at issue involve Snyder’s fitness for ministry. Affirms summary judgment in favor of the church on Snyder’s breach of contract claim. The trial court couldn’t determine whether he had an enforceable contract without becoming excessively entangled in church doctrine in violation of the First Amendment. Remands for further proceedings.

Max H. Bonecutter v. Discover Bank
46A04-1009-SC-598
Small claim. Affirms small claims court judgment in favor of Discover Bank of $4,569.17 plus court costs. The trial court did not abuse its discretion in denying Bonecutter’s motion to dismiss under Trial Rule 41(E) for failure to prosecute. The evidence was sufficient to find that an agreement existed between Bonecutter and Discover and that Bonecutter was required to make payments, which he did not do.  

State of Indiana v. Stephen Alter
85A04-1101-CR-44
Criminal. Affirms grant of motion to suppress filed by Alter. The officers lacked reasonable suspicion to further detain Alter for investigatory purposes under the Fourth Amendment at the time one of the officer’s directed Alter to open a small bag and give him anything illegal or give him the marijuana.

Naomi Paddock v. Bradley K. Maikranz, et al. (NFP)
82A05-1010-CT-636
Civil tort. Affirms summary judgment for Maikranz and Fifth Third on Paddock’s suit alleging violations of the Indiana Uniform Securities Act, breach of fiduciary duty, and fraud.

Tony Benson v. State of Indiana (NFP)
71A05-1103-CR-90
Criminal. Reveres order granting Benson permission to file a belated notice of appeal and dismisses Benson’s appeal of his sentence.

Richard Swoboda v. Richard Stalbrink, Jr. (NFP)
46A04-1102-CT-39
Civil tort. Affirms summary judgment for Stalbrink Jr. in Swoboda’s claim for legal malpractice.

Aimee Cotton v. State of Indiana (NFP)
15A05-1101-CR-30
Criminal. Affirms conviction of Class D felony neglect of a dependent.

Eqwan Garrett v. State of Indiana (NFP)
49A05-1101-CR-2
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony pointing a firearm.

Jerry Perry v. State of Indiana (NFP)
49A02-1012-CR-1363
Criminal. Affirms convictions of and sentence for Class B felony burglary, two counts of Class C felony robbery, Class C felony conspiracy to commit robbery, and two counts of Class D felony criminal confinement.

Dohjae Kirkland v. State of Indiana (NFP)
49A02-1101-CR-6
Criminal. Affirms conviction of Class B felony robbery.

Nelson Gary, II v. State of Indiana (NFP)
49A02-1012-CR-1367
Criminal. Affirms convictions of Class B felony arson and three counts of Class C felony criminal confinement.

Term. of Parent-Child Rel. of I.N. and J.T-R.; D.R.N., Jr. v. IDCS (NFP)
20A03-1101-JT-19
Juvenile. Affirms involuntary termination of parental rights.

Steve A. Morrison v. State of Indiana (NFP)
29A02-1012-IF-1337
Infraction. Affirms finding that Morrison committed a Class C infraction of failing to yield the right-of-way to an emergency vehicle.

Melinda Engelking v. John T. Cosby (NFP)
03A01-1101-CC-17
Civil collection. Affirms judgment in favor of Cosby on his claim for breach of a land use agreement.

Richard L. Snider and Sherrie W. Snider v. European Warmblood Imports, Inc., Michael Pedersen and April Pedersen (NFP)
02A04-1009-PL-614
Civil plenary. Affirms denial of the Sniders’ motion to correct error based on newly discovered evidence.

Antonio D. Murillo v. State of Indiana (NFP)
09A05-1011-CR-689
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.

Jacob J. Cummings v. State of Indiana (NFP)
34A04-1103-CR-103
Criminal. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony possession of a syringe, and Class A misdemeanor possession of marijuana.

Donald Klinzman v. State of Indiana (NFP)
49A02-1003-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Jermail D. Warren v. State of Indiana (NFP)
20A05-1101-CR-94
Criminal. Affirms convictions of three counts of Class B felony dealing cocaine but reverses application of habitual offender sentencing enhancements to all three counts. Remands for removal of the enhancement from two sentences.  

Danny Grigsby v. State of Indiana (NFP)
49A02-1101-CR-41
Criminal. Affirms conviction of Class D felony theft.

Reo Jon'ta Thompson v. State of Indiana (NFP)
45A03-1012-CR-635
Criminal. Affirms sentence for two counts of murder in the perpetration of robbery.

Indiana Tax Court
Brenda Truedell-Bell v. Marion County Treasurer
49T10-1107-TA-46
Tax. Dismisses appeal. Truedell-Bell’s lack of a final determination from the Indiana Board of Tax Review deprives the Tax Court of subject matter jurisdiction.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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