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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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