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Opinions Feb. 28, 2014

February 28, 2014
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Indiana Court of Appeals
Mary L. Anderson v. Wayne Post 64, American Legion Corp.
49A05-1309-CT-442
Civil tort. Affirms order setting aside its default judgment against Wayne Post 64, American Legion Corp. Anderson failed to serve the American Legion in a manner authorized by the Indiana Trial Rules.

Kenneth Seales v. State of Indiana
71A03-1306-CR-218
Criminal. Affirms denial of motion to remove Seales from the sex offender registry and his motion to correct error. The additional registration requirements imposed on him after a 2006 change in the law do not amount to an impermissible ex post facto law.

Eddie Hughes v. State of Indiana (NFP)
49A04-1307-CR-334
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Terry Lee Duckworth v. State of Indiana (NFP)
48A02-1307-CR-582
Criminal. Affirms sentence for Class D felony sexual battery.

In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)
02A03-1308-JT-344
Juvenile. Affirms termination of parental rights.

Debra Sue Miles v. State of Indiana (NFP)
82A01-1304-CR-179
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)
33A04-1306-CT-307
Civil tort. Reverses summary judgment in favor of Harry J. Kloeppel & Associates on Gwinn’s claim for negligence.

Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)
71A03-1305-MF-261
Mortgage foreclosure. Affirms summary judgment in favor of the bank on its complaint to foreclose on its mortgage.

Scott Logan v. State of Indiana (NFP)
20A05-1304-CR-192
Criminal. Affirms conviction of Class C felony child molestation.

D.K. v. State of Indiana (NFP)
08A02-1308-JV-734
Juvenile. Affirms finding that D.K. committed what would be Class A misdemeanor battery if committed by an adult.

Alonzo Golston Williams III v. State of Indiana (NFP)
18A02-1307-CR-624
Criminal. Affirms conviction of Class D felony intimidation.

David Ball v. State of Indiana (NFP)
48A04-1308-CR-416
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Joshua Basey v. State of Indiana (NFP)
48A05-1303-CR-138
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement in bodily injury.

James A. Lynn v. State of Indiana (NFP)
70A04-1307-CR-317
Criminal. Affirms convictions and sentence for Class B felony burglary and Class D felony theft.

Deion Taylor v. State of Indiana (NFP)
49A05-1307-CR-340
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Stewart Gase v. State of Indiana (NFP)
01A02-1306-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)
93A02-1306-EX-477
Agency action. Affirms determination that Anderson is eligible for unemployment benefits.

Johnny Leon Burchett v. State of Indiana (NFP)
73A01-1303-CR-97
Criminal. Affirms denial of motion for continuance and request to withdraw guilty plea.  

Christopher M. Galvan v. State of Indiana (NFP)
45A05-1308-CR-387
Criminal. Affirms conviction of Class C felony child molesting.

In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)
21A01-1307-AD-322
Adoption. Dismisses appeal of order granting petition of C.G. and K.G. to adopt O.R. for lack of subject matter jurisdiction.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  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.

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