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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. 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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