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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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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