ILNews

Opinions Dec. 31, 2012

January 2, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

No Indiana Court of Appeals, Indiana Supreme Court or Indiana Tax Court opinions were released on Wednesday. No Indiana opinions were released before IL deadline Wednesday by the 7th Circuit Court of Appeals.

Dec. 31, 2012
Indiana Court of Appeals
Indiana Public Employee Retirement Fund v. Paul Bryson
49A04-1201-MI-2
Miscellaneous. Affirms original opinion that Bryson’s on-duty injury was a “covered impairment” making him eligible for Class 1 impairment disability benefits even though he had a pre-existing condition.

Damon Ray Bowers v. State of Indiana
55A04-1204-CR-180
Criminal. Affirms trial court’s denial of motion to suppress evidence gathered at a traffic stop and remands for further proceedings. Finds the minimal intrusion into Bowers’ activity caused by the brief traffic stop was justified based on the police having reasonable suspicion that he was intoxicated.

Lisa Svenstrup v. Thomas Svenstrup
29A02-1206-DR-452
Domestic relation. Affirms trial court denial of mother’s petition for allocation of college expenses, holding that where mother petitioned for educational support prior to a child’s emancipation age which was denied by a trial court, a child support order is subject to modification upon the showing of changed circumstances so substantial and continuing as to make terms of the existing order unreasonable.

Israel Cruz v. State of Indiana
49A02-1204-CR-301
Criminal. Reverses Cruz’s conviction of operating a vehicle while suspended as a habitual traffic violator. Rules that even though there is ample evidence that Cruz knew he had never received a license and that he was not supposed to drive because he was unlicensed, the state did not charge him with driving without having received a license. Instead, it chose to charge him with driving while suspended but did not provide sufficient evidence beyond a reasonable doubt that Cruz knew he was suspended.  

Albert Jackson Counce v. State of Indiana (NFP)
15A05-1206-CR-29
Criminal. Affirms 20-year sentence for conviction of Class B felony robbery resulting in injury.
 
In Re the Paternity of Z.H.; S.E. v. C.H. (NFP)
82A05-1205-JP-257
Juvenile/parenting. Dismisses appeal of order for parties to participate in treatment, counseling and therapy.

Dandre Matlock v. State of Indiana (NFP)
79A02-1205-CR-465
Criminal. Affirms convictions of dealing and possession of marijuana and cocaine, maintaining a common nuisance and two counts of neglect of a dependent.
 
Roy G. Lewis v. State of Indiana (NFP)
43A05-1207-CR-347
Criminal. Affirms revocation of probation and execution of suspended sentence for Class D felony operating a vehicle while intoxicated.

Damon Gee v. State of Indiana (NFP)
27A02-1203-CR-257
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony possession of a stolen vehicle.   

In the Matter of the Term. of the Parent-Child Rel. of A.D.; and M.D. v. Indiana Dept. of Child Services (NFP)
71A03-1204-JT-204
Juvenile. Affirms termination of parental rights.
 
Micha Seymour v. State of Indiana (NFP)
49A02-1206-CR-489
Criminal. Affirms in part, reverses in part and remands with instructions to vacate a habitual offender adjudication and vacate the 30-year sentence enhancement on a conviction of attempted murder.

Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post-conviction relief/rehearing. Reaffirms denial of post-conviction relief.

In Re the Paternity of K.H., S.E. v. C.H. (NFP)
82A01-1205-JP-222
Juvenile. Dismisses appeal of order that parties participate in treatment, counseling and therapy.

Roy Bessler v. State of Indiana (NFP)
15A04-1201-CR-37
Criminal. Affirms conviction and 30-year sentence on two counts each of Class A and Class B felony dealing in cocaine.  

George R. Clark v. State of Indiana (NFP)
59A05-1205-CR-253
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Francis McDonnell, M.D. v. Stacy Wissel, as Trustee of the Bankruptcy Estate of Roy L. Harris and Anita K. Harris (NFP)
82A04-1202-CT-56
Civil tort. Affirms trial court determination of liability and interest but reverses prejudgment interest award.

James L. Morgan v. State of Indiana (NFP)
88A01-1206-CR-254
Criminal. Affirms trial court order imposing sanctions after revocation of probation.  

Kimberly A. Harrison and Christine G. Portell v. Yale Rice, III, as Trustee of the Yale Rice, Jr. Living Trust, et al. (NFP)
06A01-1203-TR-126
Trust. Affirms trial court approval of final accounting and finding of no breach of fiduciary duty by the trustee.

Paulette Petkovich, et al. v. Prime Contractors Co., Inc. (NFP)
64A03-1203-MF-102
Mortgage foreclosure/rehearing. Affirms prior ruling in all respects, again denying Prime’s request for appellate attorney fees.

Joseph Ward v. State of Indiana (NFP)
89A01-1206-CR-277
Criminal. Affirms 34-year sentence for convictions of Class A felony child molestation and Class C felony child exploitation.
 
Joseph Rushing v. State of Indiana (NFP)
27A02-1201-PC-91
Post-conviction relief. Affirms denial of post-conviction relief on child molestation convictions.

Job Steel Corp, and Lisco, Inc. v. Board of Zoning Appeals of the Town of Burns Harbor and the Plan Commission of the Town of Burns Harbor (NFP)
64A05-1205-PL-245
Civil plenary. Affirms the Board of Zoning Appeals’ denial of an application for a special exception to operate a truck terminal.

Marvin Dewayne Davey v. State of Indiana (NFP)
10A01-1205-CR-229
Criminal. Affirms revocation of probation and order Davey serve remainder of sentence in the Department of Correction.

Joseph Laich, III v. State of Indiana (NFP)
45A03-1205-CR-206
Criminal. Affirms conviction of Class B felony aggravated battery.

T.S. v. State of Indiana (NFP)
49A04-1204-JV-213
Juvenile. Affirms commitment of T.S. to the Department of Correction for an indeterminate time at a juvenile correctional facility after adjudication as a delinquent for an act that would be Class C felony battery with a deadly weapon if committed by an adult.  

Ronald Rostochak v. State of Indiana (NFP)
92A05-1112-CR-688
Criminal. Affirms conviction and sentence of 25 years executed for a conviction of Class A felony child molestation.

Jason Castillo v. State of Indiana (NFP)
34A04-1204-CR-212
Criminal. Affirms conviction and six-year sentence for convictions of Class C felony operating a motor vehicle after lifetime suspension and Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.15 percent.

Bradley C. Taylor v. State of Indiana (NFP)
35A02-1204-CR-348
Criminal. Affirms conviction of Class C felony child molestation.

Shawn D. Jaco v. State of Indiana (NFP)
82A01-1203-CR-104
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement.

Demaris Snyder Wehr, Timothy John Snyder, Terence Glen Snyder and Daniel Owen Snyder v. Thomas Price, II, individually and as the named executor of the estate of Nilah Snyder, et al. (NFP)
89A04-1202-PL-76
Civil plenary. Affirms trial court judgment on pleadings concluding that beneficiaries had not breached any contract or tortiously interfered with any inheritance.

Townsend H. Porter, Jr., Townsend Porter Revocable Trust, and Brian H. Merritt v. 1st Source Bank (NFP)
71A03-1205-CC-236
Civil collection. Affirms trial court’s denial of Porter’s request for exemption from proceedings supplemental.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

ADVERTISEMENT