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Opinions July 22, 2013

July 22, 2013
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Indiana Court of Appeals
Thomas Dexter v. State of Indiana
79A04-1212-CR-611
Criminal. Affirms finding by jury after remand that Dexter is a habitual offender and the sentence enhancement of 30 years on his conviction of Class A felony neglect of a dependent resulting in death. The certified transcript from Dexter’s guilty-plea and sentencing hearing is sufficient to prove one of his underlying felony convictions, and his habitual-offender retrial was not barred by res judicata.

Twin Lakes Regional Sewer District v. Robert W. Teumer and Paula K. Teumer
91A04-1212-PL-638
Civil plenary. Reverses judgment regarding the appropriation of two permanent sewer easements and two temporary construction easements on the Teumers’ property. The court-appointed appraisal was improperly admitted, and there was insufficient evidence to support the trial court’s damage award. The trial court correctly directed the clerk to refund Twin Lakes’ overpayment but remands with instructions for the court to enter judgment in the amount of $950 in favor of the Teumers instead of a judgment of $5,000.

Daniel J. Chupp v. Wyndham Vacation Ownership, Inc. (NFP)
41A04-1302-SC-48
Small claim. Affirms grant of motion to dismiss Chupp’s notice of small claim and the denial of his motion to reconsider. Also denies Wyndham’s request for attorney fees.

Tony Mays v. State of Indiana (NFP)
84A04-1301-PC-6
Post conviction. Affirms denial of petition for post-conviction relief.

William Joseph VanHorn v. State of Indiana (NFP)
48A02-1212-CR-992
Criminal. Affirms denial of petition for amended abstract of judgment, in which VanHorn requested additional presentence jail credit time.

In Re the Adoption of A.H. and N.H., minor children, D.H., v. A.C.H. (NFP)
17A03-1302-AD-34
Adoption. Affirms the grant of stepmother A.C.H.’s petition to adopt D.H.’s children A.H. and N.H.

Donna M. Brown v. Paul F. Buchmeier and Sally M. Buchmeier d/b/a Fashion Trends (NFP)
33A05-1301-PL-13
Civil plenary. Affirms summary judgment for the Buchmeiers on Brown’s lawsuit alleging breach of duty of care owed to a business invitee by an owner.

Co-Alliance, LLP v. Monticello Farm Service, Inc. (NFP)
91A04-1211-PL-606
Civil plenary. Dismisses appeal by Co-Alliance seeking to challenge a court order favorable to Monticello Farm Service because that order is not a final judgment or an interlocutory order appealable as a matter of right.

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. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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