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Opinions July 29, 2011

July 29, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Don Harley v. State of Indiana
20A03-1012-PC-630
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. Harley’s trial attorney was ineffective when she failed to inform the trial court that Harley’s only income consisted of Supplemental Security Income.

U.S. Bank National Association v. Ethyl R. Seeley, et al.
21A04-1102-MF-84
Mortgage foreclosure. Affirms entry of summary judgment in favor of Clarence and Pamela Davidson in the bank’s suit to foreclose on certain real property owned by them. The designated evidence establishes that the parties understood the Oct. 8, 1999, payment to be a final payment on the agreement, terminating it, which obligated Firstar to release the mortgage.

Derric Price v. Lake County Board of Elections and Registration
45A03-1103-PL-128
Civil plenary. Affirms ruling by the election board that Price was ineligible to appear on the 2011 primary ballot as a Democratic candidate for the mayor of Gary because he did not meet the one-year residency requirement. There is sufficient evidence to support that ruling.

Kenneth Kelly v. State of Indiana
30A04-1006-PC-408
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in summarily denying Kelly’s petition as allegations by Kelly alleging ineffective trial counsel raise issues of possible merit. Remands for further proceedings.

David L. Stalker v. Mary C. Pierce
61A04-1008-GU-562
Guardianship. Reverses approval of Pierce’s final accounting and the denial of Stalker’s request for money damages. Pierce breached her fiduciary duty to protect, preserve, and properly manage Stalker’s property. She also breached her fiduciary duty of loyalty. Stalker is also entitled to damages as a result of Pierce violating his due process rights. Remands for a determination of Stalker’s harm and award of damages.

A.T. v. State of Indiana
49A02-1012-JV-1394
Juvenile. Affirms ordering wardship of A.T. to the department of correction for murder pursuant to both indeterminate and determinate sentences. The juvenile court did not err in awarding wardship of him to the DOC under a determinate sentence pursuant to Indiana Code 31-37-19-9.

William T. Springer v. State of Indiana
92A05-1101-PC-16
Post conviction. Reverses denial of petition for post-conviction relief. Springer demonstrated at least a reasonable probability that a hypothetical reasonable defendant would have elected to go to trial if properly advised instead of plead guilty.

Paternity of W.C.; P.S. v. W.C.
82A04-1008-JP-496
Juvenile. Reverses order suspending mother’s parenting time and any other contact with her minor child. The trial court abused its discretion in doing so because the father failed to present evidence justifying the suspension of the mother’s parenting time. Remands for further proceedings.

Term. of Parent-Child Rel. of K.S., et al.; A.S. v. I.D.C.S. (NFP)
48A04-1011-JT-731
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Rel. of H.W. & S.W.; A.W. v. I.D.C.S. (NFP)
17A04-1102-JT-57
Juvenile. Affirms termination of parental rights.

Kristina L. Phillips v. State of Indiana (NFP)
82A01-1102-CR-37
Criminal. Affirms sentence for Class D felony neglect of a dependent.

Rachel Mosco v. Ind. Family and Social Services (NFP)
43A05-1102-MI-69
Miscellaneous. Reverses dismissal of petition for judicial review.

Term. of Parent-Child Rel. of S.M.; M.M. v. I.D.C.S. (NFP)
20A03-1101-JT-3
Juvenile. Affirms termination of parental rights.

Richard Spradlin v. State of Indiana (NFP)
49A04-1012-CR-764
Criminal. Affirms conviction of Class A misdemeanor battery.

Oswaldo Quizaman v. State of Indiana (NFP)
20A05-1010-CR-712
Criminal. Affirms sentence of 40 years on each on the two counts of Class A felony dealing cocaine and one count of Class A felony dealing in methamphetamine, but reverses and remands to revise his sentences to run concurrently.

Earnest Jackson v. State of Indiana (NFP)
71A03-1012-CR-671
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.

Term. of Parent-Child Rel. of B.B.; L.B. and D.W. v. I.D.C.S. (NFP)
79A02-1012-JT-1372
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Rel. of R.P.; R.P. and M.P. v. I.D.C.S. (NFP)
20A03-1101-JT-15
Juvenile. Affirms termination of parental rights.

Billy Lee McKeehan v. State of Indiana (NFP)
84A01-1012-CR-666
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine.

Stephen J. Taylor v. State of Indiana (NFP)
06A04-1009-PC-557
Post conviction. Affirms denial of petition for post-conviction relief.

David Brown v. Brandi Brown Wittmer (NFP)
64A04-1012-DR-749
Domestic relation. Affirms in part and reverses in part the final order in the dissolution of the Browns’ marriage. Remands for further proceedings.

Matthew D. Rozinski v. State of Indiana (NFP)
71A05-1010-CR-640
Criminal. Affirms convictions of Class A felony attempted murder, three counts of Class B felony criminal confinement, and Class D felonies domestic battery, strangulation, criminal recklessness, and three counts of pointing a handgun.

Richard Sullivan v. State of Indiana (NFP)
49A02-1011-CR-1195
Criminal. Affirms conviction of Class A felony child molesting.

Boyer Corp. Excavating v. Sheila Forbes (NFP)
18A02-1009-CT-1078
Civil tort. Affirms summary judgment in favor of Forbes in a suit seeking to recover an invoice for the use of the Boyer Corp.’s equipment by a laid-off employee.

Jesse J. Harris, Jr. v. State of Indiana (NFP)
34A02-1009-CR-1068
Criminal. Affirms convictions of and sentence for felony murder and two counts of Class A felony attempted murder.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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