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Opinions Dec. 4, 2012

December 4, 2012
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Indiana Court of Appeals
Jerry Vanzyll v. State of Indiana
34A02-1111-CR-1050
Criminal. Affirms in part, reverses in part and remands to the trial court convictions of Class B felony dealing in methamphetamine, Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance, and Class A misdemeanor resisting law enforcement. The court affirmed the drug convictions but ordered the resisting conviction vacated because it held there was insufficient evidence to prove that Vanzyll fled.

Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
75A04-1112-PL-676
Civil plenary, rehearing. Affirms prior COA order that affirmed a trial court’s determination that a legal survey was defective, and restated that the trial court has three options: it may accept the original survey, reject the survey and order a new survey by a different surveyor, or order the county surveyor to mark property boundaries according to court findings based on evidence presented to the court, including previous surveys.  

James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc.
53A01-1112-PL-593
Civil plenary, rehearing. Affirms prior COA ruling that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B), concluding that on rehearing Mitchell attempted to adjust and supplement his original argument, which he cannot do.

Brian A. McKinney v. State of Indiana (NFP)
41A05-1203-CR-126
Criminal. Affirms convictions of Class C felonies robbery and escape and Class D felony residential entry.

B.W. v. State of Indiana (NFP)
49A02-1205-JV-421
Juvenile/criminal. Affirms adjudication as a delinquent for committing acts that would constitute residential entry as a class D felony and criminal mischief as a class B misdemeanor if committed by an adult.

Robert E. Eastwood v. State of Indiana (NFP)
07A04-1202-CR-64
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony fondling in the presence of a minor.

Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)
49A05-1202-DR-81
Domestic relations. Affirms in part, reverses in part and remands to the trial court with instructions to recalculate child support and amend its order accordingly.

S.J. v. State of Indiana (NFP)
49A05-1203-JV-147
Juvenile. Affirms commitment of S.J. as a ward of the Department of Correction following true findings for burglary and theft.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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