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Opinions Dec. 14, 2012

December 14, 2012
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Indiana Court of Appeals
Brenda Alexander v. Donald Alexander
32A05-1108-DR-417
Domestic relations. Affirms in a divided opinion the trial court denial of a motion to correct error of the court’s omission of an award for incapacity maintenance for Brenda Alexander. She claimed that testimony of her disabilities and court findings supported an award, but the majority held that the trial court did not abuse its discretion on ruling that such an award was not warranted.

A Plus Home Health Care Incorporated v. Kathleen Miecznikowski
93A02-1207-EX-558
Civil. Affirms Indiana Worker’s Compensation Board’s decision in favor of Miecznikowski on her claim for workers’ compensation. Agrees with the board’s conclusion that her fall was a neutral risk and therefore compensable.

Christine Banks v. Timothy R. Banks
45A03-1203-DR-96
Domestic Relation. Affirms trial court’s reduction in the amount of spousal maintenance Christine Banks receives from her ex-husband Timothy Banks. The COA rejected Christine Banks’ argument that Indiana law does not permit incapacity spousal maintenance to be modified, noting it was incorrect. The court stated when an obligor spouse suffers a deterioration in financial condition that is the result of factors beyond his or her control, he or she should not be forced to continuing paying maintenance based on a better financial condition.  

Melissa Patterson v. State of Indiana
34A02-1203-CR-235
Criminal. Reversed and remanded a trial court’s denial of Patterson’s motion to the charges of aiding, inducing or causing invasion of privacy as a class A misdemeanor. Patterson was charged because she twice visited her fiancé after she had obtained a no-contact order against him. The COA held the Indiana General Assembly did not criminalize the actions of a protected person to invite the subject of a protective order to violate the terms of the order.

Granite State Insurance Company v. Robert Lodholtz and Pulliam Enterprises, Inc.
71A04-1111-CT-635
Civil Tort. Affirms in a 2-1 opinion the trial court denial of Granite State to intervene in a suit in which its claims administrator failed to respond to Lodholtz’s claim in a workplace injury suit, resulting in a default judgment and subsequent $3.9 million damages award. The majority held that because Granite State reserved a right to deny coverage in its offer to represent Pulliam in an effort to vacate the judgment, it had an interest that was at best contingent and insufficient to support intervention. Judge John Baker dissented, holding that Granite State’s interest is not being protected.

Bert S. Watkins, II v. State of Indiana (NFP)
89A01-1203-CR-103
Criminal. Affirms three-year sentence for obstruction of justice, a Class D felony, with habitual offender enhancement.

Nicholas Corbin v. State of Indiana (NFP)
79A02-1202-CR-161
Criminal. Affirms convictions of burglary as a Class B felony, burglary as a Class C felony, attempted burglary as a Class C felony, theft as a Class D felony, auto theft as a Class D felony, resisting law enforcement as a Class D felony and a Class A misdemeanor, three counts of receiving stolen property as a Class D felony, and criminal mischief as a Class B misdemeanor.

Brian Taskey v. State of Indiana (NFP)
67A04-1204-CR-189
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury and Class D felony neglect of a dependent. COA found the state presented sufficient evidence to prove Taskey committed the charged offenses.

In the Matter of the Term. of the Parent-Child Rel. of: MS. and M.T.; and A.H. and T.S. v. The Indiana Dept. of Child Services (NFP)
07A04-1204-JT-217
Juvenile Termination of Parental Rights. Affirms involuntary termination of parental rights of A.H. (mother) and T.S. (father) to their respective children.

William C. Davis v. State of Indiana (NFP)
65A04-1206-PC-307
Post Conviction Relief Petition. Affirms denial of post-conviction relief. After the post-conviction court denied Davis’ petition the first time, the COA affirmed much of the decision but remanded for further proceedings related to several of Davis’ claims. The post-conviction court again denied Davis relief and the COA affirmed.

Henry Coyne Woodward v. Kimberlee Ann Norton (NFP)
71A03-1207-DR-311
Domestic Relation. Affirms money judgment in favor of Norton for Woodward’s failure to transfer funds from a retirement account to her. Reverses and remands for proceedings the order finding Woodward in contempt because the judgment that Woodward pay Norton a fixed amount is not enforceable by contempt.

Benito D. Lesiak v. State of Indiana (NFP)
45A03-1204-CR-183
Criminal. Affirms conviction of reckless homicide, a Class C felony.

Dewayne Walker v. State of Indiana (NFP)
02A03-1204-CR-199
Criminal. Affirms conviction of Class B felony burglary, finding trial court did properly deny Walker's request to instruct the jury on the less-included offense of residential entry.

Kenneth Meer v. State of Indiana (NFP)
18A04-1204-CR-193
Criminal. Affirms convictions of rape, as a Class A felony, and criminal deviate conduct, as a Class A felony.

Miles A. Parker v. State of Indiana (NFP)
22A01-1204-CR-151
Criminal. Affirms 20-year aggregate sentence for convictions of three counts of burglary, each as a Class B felony, two counts of attempted burglary, each as a Class B felony, and one count of burglary as a Class C felony.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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