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Opinions Jan. 29, 2014

January 29, 2014
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Indiana Court of Appeals
Cory L. Meadows v. State of Indiana
39A01-1305-CR-215
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.
20A04-1303-PL-141
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)
49A05-1309-PL-428
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)
57A05-1306-CR-314
Criminal. Affirms sentence following probation revocation.

Ronald Lemon v. State of Indiana (NFP)
82A05-1305-CR-221
Criminal. Affirms conviction of Class D felony auto theft.

Joseph Franklin v. State of Indiana (NFP)
49A04-1307-CR-323
Criminal.  Reverses Franklin’s conviction of Class D felony possession of a controlled substance.

Maurice D. Beckham v. State of Indiana (NFP)
45A04-1305-CR-234
Criminal. Affirms sentence following guilty plea to murder.

Mark F. Johnson v. State of Indiana (NFP)
02A03-1305-CR-182
Criminal. Affirms sentence for Class A felony burglary.

Jesus Maldonado v. State of Indiana (NFP)
45A04-1307-CR-333
Criminal. Affirms sentence for Class B felony stalking.

In Re the Paternity of A.C.P-C., J.P. v. J.H.C. (NFP)
79A02-1305-JP-423
Juvenile. Affirms grant of father’s petition to prevent mother from relocating with the child.

Thomas Walker v. State of Indiana (NFP)
89A01-1305-CR-248
Criminal. Affirms Class D felony conviction of receiving stolen property.

Andre Marshall, Jr. v. State of Indiana (NFP)
45A03-1305-CR-191
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)
52A05-1307-CT-361
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)
02A03-1304-CR-123
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)
29A02-1308-CR-699
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

Ivan C. Patterson v. CitiMortgage, Inc. (NFP)
45A03-1212-MF-548
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)
23A01-1307-JT-308
Juvenile. Affirms termination of parental rights.

Kathleen Walton, Personal Representative of Estate of Mary Cox, Deceased v. Estate of Glenn Swisher, Deceased (NFP)
49A02-1307-EU-626
Estate, unsupervised. Affirms grant of summary judgment in favor of the estate of Glenn Swisher.

Ryan Bailey v. State of Indiana (NFP)
49A02-1305-CR-419
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dawn M. Bailey v. State of Indiana (NFP)
84A01-1308-CR-346
Criminal. Affirms revocation of probation and reinstatement of the remainder of Bailey’s suspended sentences.

Fredrick Kyles v. State of Indiana (NFP)
49A02-1305-CR-446
Criminal. Affirms convictions of one count each of Class B felonies robbery and criminal recklessness.

Aaron Gordy v. State of Indiana (NFP)
29A02-1306-CR-504
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.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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