Opinions August 13, 2013

August 13, 2013
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Opinions Aug. 13, 2013

Indiana Court of Appeals
Rollett Family Farms, LLC. v. Area Plan Commission of Evansville-Vanderburgh County, Vanderburgh County Board of Commissioners, and Vanderburgh County Recorder

Civil plenary. Affirms trial court judgment denying claims that “lots of record” for boundaries of river camps could be established based on the testimony of longtime residents. The lack of official documentation defeats the plain meaning of the words “of record,” requiring some sort of official documentation in the public record, the panel ruled.

Gregory A. Harris v. State of Indiana
Criminal. Affirms trial court rulings denying Harris’s motion to dismiss a charge of sexual misconduct with a minor after a hung jury created a mistrial, as well as a state motion to amend the charge by adding the language “or criminal deviate conduct.” Double jeopardy does not bar retrial on the sexual misconduct charge, but the state is barred from amending the charge because of the statute of limitations.

Richard Littke v. Laurie Littke
Domestic relation. Reserves order dismissing father’s petition for postsecondary educational expenses as untimely and remands to the trial court to make a determination on the merits of father’s petition. Rules that an amendment to Indiana Code 31-16-6-6, which allows a parent to file a petition for education needs until the child becomes 21-years-old, makes the father’s petition timely.   

Gabriel Atkinson v. State of Indiana
Criminal. Affirms trial court’s denial of motion to suppress the evidence obtained during a traffic stop. Concludes although Atkinson did not commit an actual traffic infraction, the deputy’s training and experience along with his protracted observation of Atkinson’s driving gave the law enforcement officer a reasonable suspicion that the driver was impaired and presented a potential risk. This was sufficient to conduct an investigatory stop of Atkinson.  

Cory A. Myers v. State of Indiana (NFP)
Criminal. Affirms conviction for domestic battery, as a Class D felony.  

Jeremiah Kelley v. State of Indiana (NFP)
Criminal. Affirms 21-year sentence imposed following Kelley’s guilty plea to class B felony unlawful possession of a firearm by a serious violent felon.  

John Latta v. State of Indiana (NFP)
Criminal. Affirms conviction of one count burglary as a class B felony and five counts of theft as a class D felony. Finds the prosecutor’s questions about the victim’s husband becoming a judge were inappropriate but does not rise to the level of fundamental error.  

In Re The Adoption of S.H., L.H., and J.H., Benjamin Hankins v. G.Nick Peterson, Andrea Peterson (NFP)
Adoption. Affirms trial court’s determination that Hankins’s consent is not required in the adoption proceedings of his three children, S.H., L.H. and J.H. Rules the determination that Hankins’s consent is unnecessary if supported by clear and convincing evidence, and the adoption by the children’s maternal grandparents is in their best interest.
John Dumitru v. State of Indiana (NFP)
Post conviction relief petition. Affirms post-conviction court’s denial of relief following Dumitru’s conviction for murder, a felony, attempted murder, a Class A felony, two counts of neglect of a dependent, as Class D felonies, and resisting law enforcement, as a Class A misdemeanor.

Lebronze Myles v. State of Indiana (NFP)
Criminal. Affirms Myles’ convictions as an accomplice to both Class B felony burglary and Class C felony robbery.  

In the Matter of the Termination of the Parent-Child Relationship of L.P., D.P., & C.H., (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (NFP)
Juvenile termination of parental rghts. Affirms termination of J.P.’s (mother) parental rights.

Terry Chandler v. State of Indiana (NFP)
Criminal. Affirms conviction for Class A misdemeanor possession of cocaine.  

Michael S. Parker v. State of Indiana (NFP)
Criminal. Affirms conviction and 15-year sentence, with 11 years executed, for Class B felony manufacturing methamphetamine.  

Eric D. Smith v. Superintendent, Et Al. (NFP)
Miscellaneous. Dismisses Smith’s appeals of the dismissal of eight complaints he filed in the LaPorte Superior Court. Finds his notices of appeal were untimely filed.  

Jesus Cruz v. State of Indiana (NFP)
Criminal. Affirms conviction and 46-year sentence for two counts of Class A felony child molesting and three counts of Class C felony child molesting.
James E. Sizemore v. State of Indiana
Criminal. Affirms conviction for Class A felony dealing in methamphetamine, Class C felony possession of methamphetamine and Class D felony possession of a controlled substance.  

Thomas E. Stevens v. State of Indiana (NFP)
Criminal. Affirms five-year sentence for Class C felony battery resulting in serious bodily injury.  

Karen J. Marshall v. Casa M. Marshall, Center Bank, Treasurer of Porter County, State of Indiana (NFP)
Mortgage foreclosure. Affirms summary judgment in favor of the defendants. Finds the mortgage and loan documents do not constitute a valid and enforceable contract.

Sheldon C. McAuley v. State of Indiana (NFP)
Post conviction relief petition. Affirms denial of petition for post-conviction relief following conviction for Class C felony burglary, Class D felony residential entry and Class A misdemeanor interference with the reporting of a crime.  

LTC Investments Inc., v. EGR Indiana Properties, LLC. (NFP)
Civil plenary. Affirms trial court’s grant of EGR’s summary judgment motion.  

James E. Chalfant v. Lana Lods (NFP)
Civil tort. Reverses and remands trial court’s grant of summary judgment in favor of Lana Lods. Concludes Chalfant did provide evidence in this case to rebut the prima facie evidence of probable cause and to identify a dispute of material fact.

Javier Maldonado v. State of Indiana (NFP)
Criminal. Affirms conviction for child molesting, a Class A felony, and 50-year sentence.  

Kelvin Lee Heyen v. State of Indiana (NFP)
Post conviction relief petition. Affirms denial of post-conviction relief petition following conviction and 21-year sentence for dealing in methamphetamine, a Class B felony, and a habitual offender charge.  

In The Matter of the Termination of the Parent-Child Relationship of: M.A. (minor child): Mi.A. and C.A. v. The Indiana Department of Child Services (NFP)
Juvenile termination of parental rights. Affirms juvenile court’s decision to terminate the parental rights of C.A. (mother) and Mi.A. (father) to their minor child, M.A.
No opinions were submitted by IL deadline by the Indiana Supreme Court, Indiana Tax Court and the 7th Circuit Court of Appeals.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.