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Opinions July 15, 2014

July 15, 2014
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Indiana Court of Appeals
Antonio L. Vaughn v. State of Indiana
84A01-1302-CR-57
Criminal. Affirmed Vaughn’s conviction and 40-year aggregate sentence for two counts of dealing in cocaine, each as a Class A felony, and one count of maintaining a common nuisance, a Class D felony. Finds the trial court did not abuse its discretion in admitting evidence of the controlled buys, statements of the confidential information and the cocaine. Also finds the trial court did not abuse its discretion in instructing the jury. Rules the evidence was sufficient to support Vaughn’s convictions. Holds the trial court did not abuse its discretion when it sentenced Vaughn but it made a clerical error on the sentencing order. Remanded to the trial court to correct error to reflect that Vaughn was sentenced for maintaining a common nuisance conviction to three years, not three-and-a-half years.

In re: The Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor
19A05-1311-MI-542
Miscellaneous. Reverses and vacates trial court’s award of grandparent visitation for paternal grandparents Scott and Angela Ubelhor. The trial court erred in findings that awarded visitation because it failed to consider the totality of circumstances in determining that mother’s reasons for restricting visitation were unreasonable. Chief Judge Nancy Vaidik dissented and would affirm the trial court, which wrote that the trial court found visitation would be in the child’s best interests and there was no reason to believe visitation would resume without a court order.
 
Juan Manzano v. State of Indiana
48A02-1310-PC-905
Post conviction. Affirms post-conviction court’s denial of relief from a 50-year sentence for his conviction of Class A felony rape, concluding that Manzano did not receive ineffective assistance of counsel.

Rebecca Stafford, Individually and as Surviving Parent of Drayden Powell, Deceased, and Drayden Powell, Deceased v. James E. Szymanowki, M.D. and Gyn, Ltd., Inc., and Joseph B. Clemente, M.D.
89A01-1401-CT-48
Civil tort. Affirms trial court grant of summary judgment in favor of defendants on a medical malpractice claim. The panel held that the trial court properly concluded that another doctor’s testimony did not create a genuine issue of material fact as to the liability of Dr.  Szymanowski; (2) GYN cannot be held vicariously liable for the perceived acts of medical malpractice committed by Dr. Smith when Dr. Smith’s conduct was never reviewed by the medical review panel; and (3) the trial court properly concluded that no recovery exists for the 2007 death of a child not born alive under the Child Wrongful Death Statute, as amended.

Jacqueline Myers v. Mark Myers
49A02-1310-DR-895
Domestic relation. Affirms in part and reverses in part a grant of Mark Myer’s motion to prevent Jacqueline Myer’s relocation to Texas with her daughter, H.M. Father’s petition was properly before the court. The trial court did not err in finding mother had not met her burden of proof in seeking to relocate. However, the court erred in ordering that father would receive automatic physical custody of H.M. if mother moved to Texas.

In the Matter of J.W., A Child in Need of Services J.W. (Minor Child), and M.K. (Mother), & D.W. (Father) v. The Indiana Department of Child Services (NFP)
49A04-1312-JC-593
Juvenile. Affirms in part and reverses in part, holding that a child in need of services finding was not error, nor was the trial court’s order that father complete a domestic violence assessment. But because there is no evidence father had a substance abuse problem, the court erred when it ordered him to submit to random drug testing.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of W.H., Minor Child, and His Mother, J.F., J.F. v. Indiana Department of Child Services (NFP)
79A02-1312-JT-1034
Juvenile. Affirms termination of parental rights.

Paul A. Croucher v. State of Indiana (NFP)
89A01-1401-CR-23
Criminal. Affirms in part, reverses in part 40-year aggregate sentence and convictions of Class A felony and Class C felony child molesting. The trial court did not abuse discretion in admitting certain evidence and there was no prosecutorial misconduct. Remands for the trial court to amend its sentencing order because the court abused its discretion in classifying Croucher as a credit-restricted felon.

Alan R. Kohlhaas, on behalf of himself and all others similarly situated v. Hidden Valley Lake Property Owners Association, Inc., and Robert A. Will, William Acra, Carl Adkins, et al. (NFP)
15A01-1308-PL-357
Civil plenary. Affirms grant of summary judgment in favor of Hidden Valley Lake Property Owners Association and other defendants.

Christopher Anderson v. State of Indiana (NFP)
49A04-1307-PC-340
Post conviction. Affirms denial of post-conviction relief for conviction of murder, intimidation and possession of a handgun without a license.

James E. Manley v. Monroe County Prosecutor (NFP)
53A01-1402-MI-65
Miscellaneous. Affirms trial court denial of Manley’s pro se “complaint for declaratory and injunctive relief/challenge to the constitutionality of Indiana statute” challenging his conviction of multiple counts of child molesting.

Brandon Hicks v. State of Indiana (NFP)
49A02-1308-CR-739
Criminal. Affirms aggregate 40-year sentence and conviction of Class B felony manslaughter and Class A misdemeanor possession of marijuana.

Cynthia Marx v. State of Indiana (NFP)
48A04-1311-CR-548
Criminal. Affirms revocation of probation and remands for correction of the sentencing order and abstract of judgment.

Brian Baxter v. State of Indiana (NFP)
49A05-1306-CR-285
Criminal. Affirms denial of Baxter’s motion to compel certain public agencies to produce public records relating to his convictions of three counts of murder, conspiracy to commit robbery, resisting law enforcement and carrying a handgun without a license.

James Washington v. State of Indiana (NFP)
10A05-1312-CR-626
Criminal. Affirms conviction of murder, reverses in part and remands. There was sufficient evidence to rebut Washington’s claim of self defense, his sentence was appropriate, but on the state’s cross-appeal, the panel determined the trial court erred by finding conviction of Class B felony robbery was a lesser included offense. Remands with instruction that Washington be resentenced with the additional robbery conviction.

Jerrimica T. Madding v. State of Indiana (NFP)
18A04-1312-CR-608
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.




 

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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