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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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