Opinions June 27, 2013

June 27, 2013
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Indiana Court of Appeals
Timothy W. Parish v. State of Indiana
Criminal. Finds trial court properly denied Parish’s request for counsel at public expense because he had $130,000 in equity in his house, but the facts and circumstances of the case do not warrant a knowing and intelligent waiver of his right to counsel because the trial court did not advise him of the dangers and disadvantages of self-representation. Remands for a new trial.

Term. of the Parent-Child Rel. of: S.S., J.S., and C.S. (Minor Children) and, T.S. (Mother) v. The Indiana Dept. of Child Services
Juvenile. Affirms mother was not denied due process when the juvenile court denied her motion to continue a termination hearing. Mother was represented by counsel, voluntarily left Indiana and was aware of the hearing.

Terry L. Sturgis, Sr. v. State of Indiana
Criminal. Affirms convictions of murder, two counts of Class B felony criminal confinement, four counts of Class B felony battery, three counts of Class C felony battery, one count of Class A misdemeanor battery and two counts of Class D felony neglect of a dependent. There are no double jeopardy violations and there is ample evidence from which a reasonable trier of fact could determine that Sturgis knowingly killed his 10-year-old son.

Stephen G. Smith v. Board of School Trustees of the Monroe County Community School Corporation
Miscellaneous. Affirms order affirming the decision of the board of school trustees to terminate Smith’s teaching contract. There is substantial evidence to support the decision and the board followed proper procedures in cancelling the contract.

Hickory Creek at Connersville v. Estate of Otto K. Combs
Estate, supervised. The trial court did not err in denying Hickory Creek’s claim against Otto Combs’ estate because it did not first pursue Marianne Combs. According to the doctrine of necessaries, a creditor must first seek satisfaction from the income and property of the spouse who incurred the debt, and only if those resources are insufficient may a creditor seek satisfaction from the non-contracting spouse.

D.D. v. D.P. (NFP)
Domestic relation. Remands for further proceedings because the trial court applied the incorrect standard for the burden of proof.

Angela Spurgeon v. Review Board of the Indiana Dept. of Workforce Development and French Lick Professional Management, Inc. (NFP)
Agency action. Affirms denial of unemployment benefits.

Timothy Alex Lear v. State of Indiana (NFP)
Criminal. Affirms conviction of murder and 60-year sentence.

Jeffrey Baker v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Noel Stack v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony theft, but reverses restitution order and remands with instructions to vacate the order.

C.S. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
Agency action. Affirms denial of unemployment benefits.

S.L. v. State of Indiana (NFP)
Juvenile. Affirms adjudication for child molesting, which would be a Class B felony if committed by an adult.

Noah Mani v. State of Indiana (NFP)
Criminal. Affirms revocation of community corrections placement.

Nephrology Specialists, P.C., Shahabul Arfeen, M.D., Sanjeev Rastogi, M.D., Maher Ajam, M.D., and Raied Abdullah, M.D. v. Asim Chughtai, M.D., Rafael Fletes, M.D., et al. (NFP)
Civil tort. Reverses denial of Nephrology Specialists’ motion for injunctive relief as the trial court abused its discretion in determining that certain non-compete contractual provisions were rescinded following a board meeting.

Jacob K. Smith v. County of Hancock, Indiana (NFP)
Miscellaneous. Affirms dismissal from the Hancock County Sheriff’s Department following a hearing on charges of misconduct.

Gerry Lucas v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Leonard Shaw v. State of Indiana (NFP)
Criminal. Affirms three-year sentence for Class D felony counterfeiting.

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. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit