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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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