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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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