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Opinions July 3, 2012

July 3, 2012
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7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

Indiana Court of Appeals

In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor)
30A01-1107-JP-322
Juvenile paternity. Reaffirms original opinion affirming Hancock Circuit Court’s ruling vacating a finding of paternity for C.C. because another paternity action on behalf of B.H. was pending in Fayette Circuit. The decision grants rehearing in Hancock Circuit, finding that mother, S.C., did not inform the Hancock court of B.H’s pending paternity proceeding.

Julie Winslow v. Larry D. Fifer
84A04-1109-DR-518
Domestic relations/educational support. Affirms trial court ruling finding the plaintiff/mother in contempt of court, ordering her to pay defendant/father’s attorney fees and computing her proportional share of a daughter’s educational expenses. The court found the trial court did not abuse its discretion in sanctions for the plaintiff’s violation of court orders regarding educational support.

James Mies and Janice Mies v. Steuben County Board of Zoning Appeals
76A03-1112-PL-564
Civil plenary/zoning. Affirms the trial court order reversing the Steuben County Board of Zoning Appeals’ variance and remands the case to the BZA for a new hearing, holding that the board could not issue a post-construction variance for a lakeside deck that included waterfront setback requirements that would make the variance a legal nullity.

Ronald B. Hawkins v. State of Indiana
20A03-1112-CR-579
Criminal. Affirms in part, reverses in part and remands in a split decision trial court convictions and sentences for two counts of Class C felony non-support of a dependent child. The appeals court held that the trial court erred in entering both convictions as Class C felonies and instructed the court to reduce one conviction to a Class D felony and enter the advisory sentence.

Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage, Inc. v. PNC Bank, N.A., f/k/a National City Bank of Indiana
49A02-1111-PL-1004
Civil plenary. Affirms the trial court’s grant of summary judgment in favor of defendants on plaintiff’s suit alleging breach of contract, promissory estoppel, unjust enrichment, breach of duty to deal in good faith, tortious injury to property interest, slander of title and bad faith. The court held that the trial court did not err when it ruled the claims were barred by res judicata.

Leonard Dewitt v. Unsafe Building Department, City of Greendale, Indiana, Doug Hedrick, et al. (NFP)
15A04-1110-MI-567
Miscellaneous/inverse condemnation. Affirms trial court dismissal of action for inverse condemnation due to untimely filing of appeal of the Unsafe Building Department’s decision.

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A04-1201-CR-43
Criminal. Affirms trial court’s application of sentencing as a habitual offender.

Antonio Martell Twiggs v. State of Indiana (NFP)
45A03-1111-CR-538
Criminal. Affirms trial court’s sentence of 10 years with eight years executed for a Class B felony conviction of burglary.

Jack D. Tiller v. Review Board of the Indiana Dept. of Workforce Development, IDWD U.I. Claims Adjudication, and the Town of Walkerton (NFP)
93A02-1110-EX-961
Executive administration/unemployment. Affirms Review Board of the Indiana Department of Workforce Development ruling that plaintiff failed to disclose or falsified facts in applying for unemployment insurance.

Paul Roell v. American Senior Communities, LLP d/b/a East Lake Nursing & Rehabilitation Center, and Harry Scribner (NFP)
20A03-1111-CT-524
Civil Tort. Affirms in a split decision the trial court’s dismissal of plaintiff’s assault claim and denial of defendant’s motion for summary judgment.

Kevin Cortez Brown v. State of Indiana (NFP)
45A03-1107-CR-320
Criminal. Affirms interlocutory appeal of trial court’s denial of motion to suppress his confession in a fatal shooting.

Darryl Shepherd v. State of Indiana (NFP)
49A05-1111-CR-600
Criminal. Affirms trial court conviction of Class B felony possession of a firearm by a serious violent felon.

Richard B. Gonon v. Wright & Lerch, David M. Wright, Stephen J. Lerch, William C. Butler, and Stephen J. Shumlas (NFP)
49A04-1111-CC-576
Civil collection. Affirms trial court’s order granting motion for transfer of venue and denies defendants’ request for appellate attorney fees.

Aaron Isby v. Lee Hoefling, David Gilstrap, James Basinger, Roger Randall Jr., Kevin Ewers, Edwin Buss, and David Sloan (NFP)
49A05-1110-MI-592
Miscellaneous. Affirms trial court ruling dismissing plaintiff’s suit on basis it failed to state a claim on which relief could be granted.

J.R. v. State of Indiana (NFP)
71A03-1203-JV-105
Juvenile. Affirms trial court ruling that placed J.R., a 17-year-old pregnant girl who was on probation, in a residential program to learn parenting skills and provide a safe environment for the child.

Kyle E. Bowers v. State of Indiana (NFP)
73A01-1110-CR-464
Criminal. Affirms trial court convictions of three counts of dealing in a schedule I or II narcotic as Class B felonies, and three counts of reckless homicide as Class C felonies, pursuant to a guilty plea.

Antwuan Brown v. State of Indiana (NFP)
49A02-1108-CR-726
Criminal. Affirms trial court convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Scott D. Wampler, Jr. v. State of Indiana (NFP)
09A02-1201-CR-61
Criminal. Affirms trial court convictions and sentence for Class B felony burglary and criminal confinement.
 
Holly Fuhrman v. State of Indiana (NFP)
65A01-1108-CR-357
Criminal. Affirms trial court sentence for Class C felony forgery.

Jonathan S. Gardiner v. Review Board of the Indiana Dept. of Workforce Development, and Audio Video International Limited (NFP)
93A02-1110-EX-1052
Executive administration/unemployment. Affirms defendant’s denial of unemployment compensation benefits.
 
In the Matter of the Involuntary Commitment of A.B. (NFP)
10A01-1109-MH-483
Mental health/involuntary commitment. Affirms trial court’s continuation of involuntary commitment after a review hearing.
 
In the Matter of the Involuntary Term. of the Parent-Child Rel. of S.W.; H.L. v. The Indiana Dept. of Child Services (NFP)
15A01-1112-JT-623
Juvenile termination of parental rights. Affirms trial court’s termination of plaintiff mother’s termination of parental rights.
 
Dontay Foster v. State of Indiana (NFP)
49A02-1111-CR-1036
Criminal. Affirms trial court convictions of Class D felony criminal confinement, criminal confinement by removal and residential entry; and Class A misdemeanor battery.
 
Ronnie Smith v. State of Indiana (NFP)
15A04-1108-PC-445
Criminal/post-conviction relief. Affirms trial court denial of post-conviction relief
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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