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Opinions July 26, 2011

July 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mary McCraney v. Steven Gibson, et al.
49A05-1009-CT-528
Civil tort. Affirms summary judgment in favor of Steven Gibson, and Bradley and Natalie Calow with respect to Mary McCraney’s negligence claim resulting in personal injuries. Applying the two-prong test, which finds that the duty of reasonable care imposed upon a landowner is measured by the landowner’s control or possession of the property and the landowner’s knowledge of the dangerous propensities of the dog, McCraney fails to prove the landlords knew of the dog’s violent propensity.

Jo. W. v. Je. W.
02A04-1012-DR-811
Domestic relation. Affirms denial of husband Jo.W.’s Indiana Trial Rule 60(B) motion for relief from judgment. An allegation of intrinsic fraud is governed by T.R. 60(B)(3), and a motion for relief under T.R. 60(B)(3) must be brought within one year from the date of the judgment challenged. Husband’s motion was not timely and the trial court properly denied it.

Marc Randolph v. Edwin Buss, et al.
33A04-1010-MI-684
Miscellaneous. Affirms denial of petition for writ of habeas corpus. Based on the new language of Indiana Code 35-50-6-3.3(e), Randolph was not entitled to the unused educational credit time.

Michael J. Lock v. State of Indiana
35A04-1010-CR-641
Criminal. Reverses conviction of Class D felony operating a motor vehicle while privileges are suspended. The state failed to prove the 2009 Yamaha Zuma scooter was a motor vehicle. Judge Baker dissents.

Robert Fuentes v. State of Indiana
45A05-1011-CR-717
Criminal. Affirms conviction of felony murder. The trial court erred in refusing to tender Robert Fuentes’ instruction on self-defense as it was a more complete statement of the law. It was a harmless error as the jury could not have properly found that Fuentes acted in self-defense when he shot the victim a second time.

Jamall Borum v. State of Indiana
49A02-1010-CR-1099
Criminal. Affirms convictions of and sentences for Class B felony attempted carjacking and Class C felony attempted robbery. There was not a reasonable possibility that the jury relied upon exactly the same facts in rendering convictions on each charge, and the single larceny rule and continuous crime doctrine do not apply. Remands to correct the abstract of judgment and judgment of conviction consistent with the opinion.

Jay C. Gagne v. State of Indiana
03A01-1101-IF-16
Infraction. Affirms jury verdict that Gagne made an illegal U-turn on the interstate. Gagne’s actions violated the provisions of Indiana Code 9-21-8-19.

Mat Warren, Betty Jo Ball, et al. v. E. Lee Warren, Lilly Frayer, et al.
02A03-1102-PL-43
Civil plenary. Reverses summary judgment and order in favor of E. Lee Warren and others that found they are entitled according to Indiana Code 23-14-57-5 to pursue the disinterment and re-interment of their parents. The issues before the court are res judiciata and not available for review.

Robin (Wren) Lechien v. Michael W. Wren
48A02-1007-DR-882
Domestic relation. Affirms finding that son Nathan has repudiated his relationship with his father, relieving the father of any further responsibility to contribute toward college expenses. Reverses modification of father’s weekly child support obligation because the trial court erred in adjusting father’s support obligation. Remands with instructions to enter a child support order consistent with this opinion.

Matthu R. Sanders v. State of Indiana (NFP)
17A05-1012-CR-756
Criminal. Affirms conviction of and sentence for Class A felony robbery while armed with a deadly weapon.

Michael Hickingbottom v. State of Indiana (NFP)
48A02-1012-PC-1429
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of M.M.; M.G. v. IDCS (NFP)
49A02-1012-JT-1420
Juvenile. Affirms termination of parental rights.

Robert Pope, et al. v. Patrick Smith (NFP)
17A04-1010-SC-655
Small claim. Affirms order of eviction in favor of landlord Patrick Smith.

William J. Pearson v. State of Indiana (NFP)
81A01-1011-CR-634
Criminal. Affirms revocation of 23 years of Pearson’s suspended sentence.

Teresa A. Mills v. State of Indiana (NFP)
15A01-1012-CR-673
Criminal. Affirms revocation of probation.

Term. of Parent-Child Rel. of R.R, et al.; T.E. v. IDCS (NFP)
20A05-1101-JT-9
Juvenile. Affirms termination of parental rights.

Richard D. Gasper v. State of Indiana (NFP)
73A01-1009-CR-474
Criminal. Affirms conviction of and sentence for Class D felony battery with serious bodily injury.

Melissa Kay Sneed v. State of Indiana (NFP)
16A01-1103-CR-134
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Herschel S. Crain, Jr. v. State of Indiana (NFP)
29A04-1101-PC-36
Post conviction. Affirms denial of petition for post-conviction relief.

James Goins v. State of Indiana (NFP)
49A02-1012-CR-1321
Criminal. Affirms revocation of probation.

Herbert Buck v. Sonia Buck (NFP)
48A02-1009-DR-1070
Domestic relation. Reverses denial of Herbert Buck’s motion to correct error after the trial court ordered he reimburse Sonia for certain taxes. Remands with instructions.

Term. of Parent-Child Rel. of K.B.; M.B. v. IDCS (NFP)
42A01-1101-JT-42
Juvenile tort. Affirms termination of parental rights.

Shawn Michael Davis v. State of Indiana (NFP)
71A03-1011-CR-649
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Christian Behling v. State of Indiana (NFP)
71A04-1010-CR-688
Criminal. Affirms revocation of probation.

DeQuan D. Branch v. State of Indiana (NFP)
49A02-1010-CR-1126
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex and/or school property.

Karl L. Brunk v. State of Indiana (NFP)
49A02-1008-CR-877
Criminal. Affirms conviction of Class A misdemeanor endangering a person by operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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