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Opinions Jan. 30, 2014

January 30, 2014
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Indiana Court of Appeals
In Re: The Matter of C.L., a Delinquent v. State of Indiana
05A04-1306-JV-319
Juvenile. Reverses adjudication that C.L. is delinquent for committing what would be Class A misdemeanor intimidation if committed by an adult. It was not established that C.L. committed intimidation for a prior lawful act. The evidence established that the alleged threats C.L. directed toward his grandfather were aimed at influencing future conduct, rather that in retaliation for past conduct. Judge Najam dissents.

Alexis Hutchison and Martha Farber, deceased and Trilogy Health Services, LLC, d/b/a Springhurst Health Campus
30A01-1307-SC-316
Small claim. Reverses judgment in favor of Springhurst Health Campus on its claim against Hutchinson and her now-deceased mother, Martha Farber, for payment of services provided to Farber while she was a resident at Springhurst. Hutchison agreed “to pay the Facility the full amount of the Resident’s income and resources that the Responsible Party/Agent controls or accesses,” and there was no evidence presented that she ever had access to or control of Farber’s income or resources from which to make payment to Springhurst. Remands for judgment to be entered in favor of Hutchinson.

Joel Stoffel v. JPMorgan Chase Bank, N.A. and Federal National Mortgage Association
27A02-1303-MF-299
Mortgage foreclosure.  Affirms the trial court’s rejection of Stoffel’s argument that Fannie Mae’s satisfaction of judgment prohibited Fannie Mae from introducing evidence to show the correct amount of the agreed judgment. Reverses the trial court’s calculation of the amount of the agreed judgment, which the trial court determined after considering inadmissible evidence. Considering only the admissible evidence, holds that the amount of Fannie Mae’s credit bid exceeded the amount of the agreed judgment by $374.58. Remands with instructions that the trial court enter judgment for Stoffel in the amount of $374.58.

Edward Lee Matthys v. State of Indiana (NFP)
79A02-1303-CR-217
Criminal. Affirms termination from county re-entry court program and placement in the Department of Correction.

Lincolnshire Healthcare Operations Company, LLC, Lincolnshire Healthcare Center, Inc., and Tender Loving Care Management, Inc. v. The Estate of Dora Berry, by Personal Representative Rita Claxton (NFP)
45A05-1306-CT-276
Civil tort. Reverses denial of Lincolnshire’s motion to compel arbitration. Remands for further proceedings.

In the Matter of the Adoption of T.G.: D.G. v. M.C. (NFP)
89A04-1305-AD-260
Adoption. Affirms order that father’s consent to adoption was not required.

Derrick Barbour v. State of Indiana (NFP)
32A01-1304-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle with a BAC greater than or equal to 0.15 and an infraction for driving with a suspended license.

Joseph K. Buelna v. State of Indiana (NFP)
20A04-1305-CR-223
Criminal. Affirms conviction and sentence for Class A felony manufacturing methamphetamine.

John Wallace v. State of Indiana (NFP)
49A02-1306-CR-524
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

John McLaughlin v. State of Indiana (NFP)
49A05-1305-CR-245
Criminal. Affirms denial of motion to suppress.

In the Matter of the Civil Commitment of T.K. v. Department of Veterans Affairs, Richard L. Roudebush VA Medical Center (NFP)
49A02-1310-MH-878
Mental health. Affirms involuntary commitment to the VA Medical Center.

John Kryza v. State of Indiana (NFP)
64A05-1305-CR-239
Criminal. Affirms convictions of Class C misdemeanor OWI with an alcohol concentration equivalent of at least 0.08 grams but less than 0.15 grams of alcohol and Class C misdemeanor OWI.

Casey M. Jordan v. State of Indiana (NFP)
02A04-1307-CR-355
Criminal. Affirms sentence for conviction for indirect contempt of court arising from the violation of a no-contact order.

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

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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