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Opinions Jan. 29, 2013

January 29, 2013
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Indiana Court of Appeals
John Alden v. State of Indiana
30A01-1209-CR-412
Criminal. Affirmed trial court’s denial of petition to reduce Alden’s Class D felony conviction for operating while intoxicated to a Class A misdemeanor. In a review of the state statute covering the sentencing range for Class D felonies, the COA found the statute contained the word “may” instead of “shall” which gives the courts the freedom to deny petitions.

Michael L. Curtis v. State of Indiana

49A02-1203-MI-271
Miscellaneous. Reversed and remanded with instructions the trial court’s denial of Curtis’ Indiana Trial Rule 60(B) motion for relief from judgment following the forfeiture of his truck. The COA ruled that the pirated movies Curtis was selling from his truck do not constitute stolen or converted property and therefore he is not subject to I.C. 34-24-1-1(a)(1)(B), which allows forfeiture only in cases of theft or conversion but says nothing about copyright infringement.  

Seth Anderson v. Huntington County Board of Commissioners
35A04-1207-MI-357
Miscellaneous/public records. In a case of first impression, affirmed a public access counselor ruling that a request for emails that sought those to and from four public officials over a specified time period did not meet the requirement of the Access to Public Records Act that the requests be made with “reasonable particularity.” Even though records ultimately were provided as initially requested after a suit was filed, judges held that the PAC ruling and the county’s initial denial of the records for lack of reasonable particularity were not ARPA violations.

Kelly Coots v. State of Indiana (NFP)
15A05-1203-CR-155
Criminal. Affirms sentence of a maximum of three years in prison on a conviction of Class D felony theft.

Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1203-CR-118
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamime.

Rudy J. Smith v. State of Indiana (NFP)
53A04-1202-PC-280
Post conviction. Affirms denial of post-conviction relief.

Clarence Johnson v. Juana Johnson (NFP)
45A03-1202-DR-94
Domestic relations/dissolution. Affirms judgment of trial court in all respects.

Madelyn Smith v. State of Indiana (NFP)

49A02-1205-CR-408
Criminal. Affirms 10-year executed sentence for convictions of Class B felony neglect of a dependent, two counts of Class B felony battery, and three counts of Class D felony battery.

In Re: The Paternity of K.G.; J.G. and S.S. and A.S. (NFP)
49A05-1206-JP-307
Juvenile. Affirms trial court order awarding mother S.S. custody of daughter K.G.

Accessabilities, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1207-EX-551
Executive administration/worker’s compensation. Affirms Department of Workforce Development Review Board decision that an employee was not discharged for just cause.

Denise Polak and Dianne Rose and Dianne Rose, Lake County Trust Co., as Trustee for Trust #6041, and Jeanne Collins Living Trust, Dianne Rose, Trustee v. Tiffiny Jordan (NFP)
64A05-1205-PL-284
Civil plenary. Reverses trial court ruling joining Polak as a party to a suit filed by Jordan.

Ray Ortega v. Susko Corp., Inc., d/b/a Our Place (NFP)

45A03-1205-CT-219
Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.

Lanard E. Foster v. State of Indiana (NFP)
02A04-1207-CR-390
Criminal. Affirms concurrent three-year sentences for convictions of Class D felony domestic battery in the presence of a child under age 16 and Class D felony domestic battery with a prior domestic battery conviction.

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

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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