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Opinions Dec. 7, 2012

December 7, 2012
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Indiana Court of Appeals
Terry L. Brown v. Tammy S. Brown
77A01-1204-PL-180
Civil plenary. Reverses civil judgment in favor of Terry Brown’s ex-wife. The trial court abused its discretion when it admitted evidence regarding criminal offenses he committed more than 20 years ago. Remands for further proceedings.

Robert Geller and Judy Geller v. Kurt P. Kinney, Holly Kinney, and A.M. Rentals, Inc.
29A02-1111-PL-1202
Civil plenary. Affirms judgment in favor of A.M. Rentals Inc. and the trial court’s calculation of damages for the Gellers against the Kinneys. Holds that the exculpatory clause of the lease and management agreement exempts A.M. from liability for its failure to perform its duties to the Gellers under I.C. 25-34.1-10-10(a)(3)(C). Holds that applying the exculpatory clause on these facts is not contrary to public policy. Holds that the trial court’s conclusion that the Gellers’ sale of their home mitigated the Kinneys’ damages to the Gellers is not clearly erroneous. Judge Kirsch dissents.

Verdyer Clark v. State of Indiana
49A04-1202-CR-66
Criminal. Reverses conviction of Class D felony battery. The state did not prove its case because the only evidence it offered to prove Clark was over 18 at the time of the crime was inadmissible hearsay. Remands so that the state may decide whether to retry Clark.

Phillip T. Billingsley v. State of Indiana
02A05-1204-CR-216
Criminal. Affirms conviction of Class D felony possession of marijuana. Holds that based on the totality of the facts and circumstances available to the responding officer at the time he detained Billingsley, the officer initiated an investigatory stop of Billingsley based on a reasonable and articulable suspicion that he was engaged in criminal activity. Accordingly, the trial court did not abuse its discretion when it admitted into evidence marijuana seized following the officer’s detention of Billingsley. Judge Kirsch dissents.
 
Brenda Varo v. State of Indiana (NFP)
49A05-1203-CR-144
Criminal. Affirms convictions of Class C felony conspiracy to commit battery and Class D felony criminal gang activity.

In Re the Marriage of Lisa L. Shisler and Ned L. Shisler; Ned L. Shisler v. Lisa L. Shisler (NFP)
57A03-1109-DR-450
Domestic relation. Reverses distribution of marital estate and remands for further proceedings.

Vickie Jessie v. State of Indiana (NFP)
49A02-1205-CR-413
Criminal. Affirms conviction of Class A felony criminal deviate conduct and order that Jessie pay $2,090 in restitution to her victim.

Michael R. Krohn v. State of Indiana (NFP)
45A03-1203-CR-131
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated causing serious bodily injury.

Quinn Nelson v. State of Indiana (NFP)
49A04-1203-CR-145
Criminal. Affirms conviction of Class A felony attempted murder and adjudication as a habitual offender.

Anthony White v. State of Indiana (NFP)
49A02-1204-CR-321
Criminal. Affirms convictions of Class D felony attempted theft and Class A misdemeanor criminal trespass.

Deandre L. Mathews v. State of Indiana (NFP)
49A02-1205-CR-416
Criminal. Affirms conviction of Class B felony burglary.

Andrea Averitte v. State of Indiana (NFP)
49A02-1203-CR-251
Criminal. Affirms conviction of Class C felony forgery.

Michael McClellan v. State of Indiana (NFP)
02A03-1204-CR-180
Criminal. Affirms sentence following conviction of two counts of Class C felony stalking.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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