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Opinions June 27, 2013

June 27, 2013
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Indiana Court of Appeals
Timothy W. Parish v. State of Indiana
64A03-1210-CR-438
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
09A02-1211-JT-936
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
71A03-1207-CR-330
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
53A01-1211-MI-511
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
21A04-1211-ES-600
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)
49A02-1211-DR-896
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)
93A02-1210-EX-861
Agency action. Affirms denial of unemployment benefits.

Timothy Alex Lear v. State of Indiana (NFP)
65A01-1209-CR-426
Criminal. Affirms conviction of murder and 60-year sentence.

Jeffrey Baker v. State of Indiana (NFP)
67A01-1301-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Noel Stack v. State of Indiana (NFP)
29A02-1211-CR-951
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)
93A02-1209-EX-774
Agency action. Affirms denial of unemployment benefits.

S.L. v. State of Indiana (NFP)
49A02-1211-JV-937
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)
49A05-1211-CR-569
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)
45A03-1212-CT-535
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)
33A04-1212-MI-626
Miscellaneous. Affirms dismissal from the Hancock County Sheriff’s Department following a hearing on charges of misconduct.

Gerry Lucas v. State of Indiana (NFP)
49A05-1210-CR-532
Criminal. Affirms conviction of Class A misdemeanor battery.

Leonard Shaw v. State of Indiana (NFP)
71A03-1210-CR-433
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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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