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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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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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