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Opinions Dec. 28, 2012

December 28, 2012
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Indiana Court of Appeals
James M. Brinkley and Stephanie L. Brinkley v. Michael Haluska, P.E., d/b/a Retro Tech, et al.
32A01-1204-MI-181
Miscellaneous. Affirms trial court’s summary judgment that Donald Gindelberger is a good faith purchaser for value of a 1965 Chevrolet Corvette because the Brinkleys were in the best position to prevent the allegedly fraudulent sale and did not do so. Also, it concluded the BMV is immune from liability.  

Joel Zivot v. Pamela London
49A02-1207-DR-613
Domestic relation. Reverses order and judgment on verified petition for contempt, holding that the documents before the court on which the judgment was based contained no evidence that such agreements had been approved by a court or incorporated into a court order.

Duke Energy Indiana, Inc. v. Office of the Utility Consumer Counselor, Indiana Utility Regulatory Commission
93A02-1111-EX-1042
Executive administration/utility. Affirms IURC denial of Duke’s request for deferred accounting of more than $11 million in storm-related expenses in a rehearing, holding that there were changes in the evidence from the first hearing that justified the IURC’s decision, and that the IURC was not required to explain why it reached a different conclusion.

Ricky Jester v. State of Indiana (NFP)
82A01-1203-CR-141
Criminal. Affirms trial court’s denial of Jester’s motion for correction of erroneous sentence.

Johnny C. Horton v. State of Indiana (NFP)
49A05-1206-PC-316
Post Conviction Relief Petition. Affirms the denial of Horton’s petition for post-conviction relief.

State of Indiana v. Elvis Holtsclaw (NFP)
49A02-1108-CR-743
Criminal. Finds no abuse of discretion and affirms trial court’s suppression of breath test evidence

Michael Watson v. State of Indiana (NFP)
49A02-1206-CR-443
Criminal. Affirms 90-year sentence. Concludes that trial court did not abuse its discretion in instructing the jury that it could not disregard the law for any reason during the guilt phase of Watson’s trial and that Watson failed to show his sentence is inappropriate.

In Re the Term. of the Parent-Child Rel. of K.K.; R.I. v. The Indiana Dept. of Child Services (NFP)
18A02-1205-JT-434
Juvenile Termination of Parental Rights. Affirms order involuntarily terminating father’s parental rights.

Steven McIntyre v. State of Indiana (NFP)
28A04-1207-PC-377
Post Conviction Relief Petition. Affirms the post-conviction court’s judgment in granting the state’s motion to correct error and denies McIntyre’s request for relief.

Alexander A. Lopez v. State of Indiana (NFP)
63A04-1201-CR-35
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana.

State of Indiana v. Blake Lodde (NFP)
79A02-1206-CR-496
Criminal. Reverses the granting of the motion to suppress evidence gathered when Lodde was pulled over and remands for further proceedings.

William Holly v. State of Indiana (NFP)
52A04-1109-MI-492
Miscellaneous. Affirms trial court’s grant of summary judgment in favor of the state of Indiana.

Jesus Torres v. State of Indiana (NFP)
49A05-1205-CR-233
Criminal. Affirms the trial court’s judgment to send an audiotape back to the jury during deliberations. The tape recorded Torres’ conversations with his granddaughter about him molesting her.

Randell Vandeventer v. State of Indiana (NFP)
28A04-1205-CR-242
Criminal. Affirms Vandeventer’s conviction of three counts of Class C felony child molesting and aggregated sentence of 21 years.

Guy Cummings v. State of Indiana (NFP)
49A02-1205-CR-430
Criminal. Affirms conviction of Class D felony theft, finding evidence was sufficient.

Mark Sexton v. State of Indiana (NFP)
49A02-1204-CR-282
Criminal. Affirms Sexton’s habitual-offender enhancement after his felony convictions. Finds the trial court did not abuse its discretion in finding good cause to allow the state to file the habitual-offender information more than 10 days after the omnibus date.

Rebecca J. Bartle v. Jackson Street Investors, LLC as Assignee of Paul E. Turner (NFP)
29A05-1205-CC-246
Civil Collection. Reverses trial court’s granting Jackson Street’s motion for summary judgment and remands for further proceedings.

Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group, Inc., Ticor Title Ins. Co. v. The Ross Group, Inc., Benito Gamba, Hilda Gamba and Gamba Real Est. Holdings (NFP)
45A03-1202-PL-92
Civil Plenary. Affirms in part, reverses in part and remands. Concludes trial court did not err in holding Gamba responsible for the construction cost overage but reverses on the issues of Ticor’s right to indemnification and the amount of a subcontractor lien.

Kieth McCoy v. State of Indiana (NFP)
49A02-1206-CR-451
Criminal. Dismisses McCoy’s appeal for lack of jurisdiction. Finds the denial of the motion to lift the no-contact order was not a final appealable order and McCoy has not properly preserved this issue for appeal.

Quintez Deloney v. State of Indiana (NFP)
22A01-1204-CR-153
Criminal. Affirms Deloney’s consecutive, executed sentences of eight years for Class C felony robbery and 30 years for Class A burglary.

Manuel J. Silva v. State of Indiana (NFP)
02A03-1204-CR-190
Criminal. Affirms conviction of murder, finding the evidence was sufficient to rebut Silva’s self-defense claim.

In Re The Adoption of C.H.; M.W. v. B.H. and V.H. (NFP)
85A02-1205-AD-449
Adoption. Affirms trial court’s post-hearing order concluding that M.W.’s consent to the adoption of her child, C.H., is not required under I.C. 31-19-9-8.

Robert R. Ashcraft v. State of Indiana (NFP)
46A03-1109-CR-396
Criminal. Affirms Ashcraft’s convictions and 21-year sentence for two counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class D felony child seduction.

Paul Marcum v. State of Indiana (NFP)
89A01-1205-CR-240
Criminal. Affirms Marcum’s 27-month sentence for his conviction of Class D felony Operation a Motor Vehicle After Suspension as a Habitual Traffic Violator.
 

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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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