Opinions Jan. 29, 2014

January 29, 2014
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Cory L. Meadows v. State of Indiana
Criminal. Affirms the denial of Meadows’ request for credit for the time he served on electronic monitoring while he was in the drug court program. After examining the statutory provisions governing sentencing, electronic monitoring and deferral programs, concludes it was within the court’s discretion to deny the credit toward his sentence.

Ralph Andrews v. MOR/Ryde International, Inc.
Civil plenary. Affirms order finding that should Andrews’ complaint against Mor/Ryde for breach of contract be successful at a future trial, the damages awarded under Indiana Code 24-4-7-5(b), the Indiana Sales Representative Act, are punitive in nature and, therefore, would be subject to the evidentiary standard, limitation, and diversion provisions of Indiana’s punitive damages statute under Indiana Code 34-51-3-1, et seq. Judge Barnes dissents.

Emergency Services Billing Corporation, Individually and as Agent of the Brooklyn Volunteer Fire Department v. Tonia Conklin and American Family Insurance Group (NFP)
Civil plenary. Reverses summary judgment in favor of Conklin and American Family granted by the court prior to the due date of Emergency Services Billing Corp.’s response brief under Indiana Trial Rules. Remands for further proceedings.

Talesa Howell v. State of Indiana (NFP)
Criminal. Affirms sentence following probation revocation.

Ronald Lemon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony auto theft.

Joseph Franklin v. State of Indiana (NFP)
Criminal.  Reverses Franklin’s conviction of Class D felony possession of a controlled substance.

Maurice D. Beckham v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to murder.

Mark F. Johnson v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony burglary.

Jesus Maldonado v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony stalking.

In Re the Paternity of A.C.P-C., J.P. v. J.H.C. (NFP)
Juvenile. Affirms grant of father’s petition to prevent mother from relocating with the child.

Thomas Walker v. State of Indiana (NFP)
Criminal. Affirms Class D felony conviction of receiving stolen property.

Andre Marshall, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions and sentences for Class B felony criminal confinement, Class B felony robbery, Class C felony intimidation, Class D felony pointing a firearm and Class A misdemeanor battery.

Robert L. Neale v. Correctional Medical Services, Inc., et al (NFP)
Civil tort. Affirms summary judgment for the defendants on Neale’s suit alleging medical malpractice and general negligence in the treatment of his injuries sustained from punching his cellmate in the face.

Lynda A. Harris-Martinez v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony failure to stop after an accident resulting in injury or death following her guilty plea to four counts of Class A misdemeanor failure to stop after an accident resulting in injury or death, one count of Class B felony failure to stop after an accident resulting in injury or death, and one count of Class D felony operating a vehicle while intoxicated causing serious bodily injury.

Michael Eaton v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

Ivan C. Patterson v. CitiMortgage, Inc. (NFP)
Mortgage foreclosure. Affirms denial of motion for relief from judgment under Ind. Trial Rule 60(B).

In the Matter of the Termination of the Parent-Child Relationship of: M.P. and E.P. (Minor Children), and F.P. (Mother) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Kathleen Walton, Personal Representative of Estate of Mary Cox, Deceased v. Estate of Glenn Swisher, Deceased (NFP)
Estate, unsupervised. Affirms grant of summary judgment in favor of the estate of Glenn Swisher.

Ryan Bailey v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dawn M. Bailey v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and reinstatement of the remainder of Bailey’s suspended sentences.

Fredrick Kyles v. State of Indiana (NFP)
Criminal. Affirms convictions of one count each of Class B felonies robbery and criminal recklessness.

Aaron Gordy v. State of Indiana (NFP)
Criminal. Affirms revocation of placement in community corrections.

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


Sponsored by
Subscribe to Indiana Lawyer
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.