Opinions June 28, 2011

June 28, 2011
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Indiana Supreme Court
Randy Horton v. State of Indiana
Criminal. Affirms convictions of child molesting but reverses 324-year sentence and orders it be reduced to an aggregate executed term of 110 years. Enhances one Class A felony conviction to 50 years and orders the 30-year advisory sentence on the remaining Class A felony convictions. Orders the Class C felony convictions to be four years on each count. Remands for the trial court to issue an amended sentencing order.  

Indiana Court of Appeals
Term. of Parent-Child Rel. of D.L., et al.; F.L. and C.B. v. I.D.C.S.
Juvenile. Dismisses appeal by the parents of the termination of parental rights order. The parents’ notices of intent to appeal were not “functionally equivalent” to a notice of appeal and the notices of intent do not serve to initiate the parents’ appeal on the date of filing. Finds no clear error in the decision of the trial court to terminate parental rights.

SJS Refractory Co., LLC, et al. v. Empire Refractory Sales, Inc.
Civil tort. Reverses $158,626 in damages to Empire for converted property that was subsequently returned and $12,600 in damages for certain materials. There is no evidence to support these awards. Reverses award of punitive damages on the breach of fiduciary duty claim. The complaint did not have a request for punitive damages on this claim and no request for these damages was made at trial. Affirms damages awarded to Empire for the converted property and tools not returned and the nearly $80,000 in attorney fees for conversion. Affirms order that Johnson, Salwolke, and SJS jointly and severally pay Empire’s attorneys $100,000. Remands for calculation of damages.

Winston D. Wilson v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief.

Rodney L. Houser v. State of Indiana (NFP)
Criminal. Affirms murder conviction.

Jane Gonzales, et al. v. Mike Fitousis, et al. (NFP)
Civil tort. Affirms jury verdict in favor of Indiana Head that it owed no duty to protect Gonzales’ daughter, who was employed by Indiana Head and killed by a co-worker.

Thomas Lee Keller, et al. v. Daniel Ray Keller (NFP)
Civil collections. Affirms calculation of the amount of tillable acreage as well as the determination that certain personal property should not be subject to the sale by public auction. Affirms calculation of cash rent due on two family farms.

Mark Wheatley v. Utility Trailers of Indianapolis, Inc. (NFP)
Civil tort. Affirms order denying Wheatley’s second motion for leave to amend his complaint against Utility Trailers of Indianapolis.

Ponie Clark v. State of Indiana (NFP)
Criminal. Affirms murder conviction.

Term. of Parent-Child Rel. of B.D.; A.D. v. I.D.C.S. (NFP)
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Rel. of Q.W., et al.; J.C. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.