Opinions - June 9, 2010

June 9, 2010
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The following opinions were posted after IL deadline Tuesday.
Indiana Supreme Court

Walker Whatley v. State of Indiana
Criminal. Affirms Whatley’s conviction of and sentence for Class A felony dealing in cocaine because he was arrested within 1,000 feet of a church that provided services to youth on a regular basis. A jury could properly find that the nearby church was a “youth program center” because it provided a building or structure that on a regular basis offered recreational, social, or other programs or services for persons less than 18 years of age. Justices Boehm and Rucker dissent.

Indiana Tax Court
Lawrence and Glenda Pachniak v. Marshall County Assessor (NFP)
Tax. Affirms the Indiana Board of Tax Review’s final determination regarding the Pachniak’s 2006 real property assessment.

Today’s opinions:
Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals

J.M. v. M.A., et al.
Civil. Reverses and remands decision of trial court with instructions trial court vacate its order adjudicating J.M. as the legal father of W.H. and ordering him to pay child support. Additionally, because the state has conceded that J.M. is not W.H.‘s biological father, the trial court must set aside the paternity affidavit.
Fifth Third Bank v. Peoples National Bank

Civil. Reverses and remands with instructions to determine the appropriate amount of sanctions to be assessed against Fifth Third Bank. The issue raised was whether Fifth Third waived its right to enforce its security interest with respect to its indebted depositor’s checking account and proceeds held therein.
American Heritage Banco Inc. v. Arthur W. Cranston and Joanne E. Cranston, et al.
Civil. Reverses and remands trial court’s judgment in favor of Arthur W. and Joanne E. Cranston on American Heritage Banco Inc.’s mortgage foreclosure claim and claim for damages on a promissory note against the Cranstons. The trial court had denied the bank’s claims for relief and instead entered judgment in favor of the Cranstons on the Cranstons’ affirmative defense and counterclaim for constructive fraud against AHB. The trial court also awarded treble damages and attorney fees to the Cranstons pursuant to the Indiana Crime Victim’s Relief Act.

Ben Erwin and Shona Erwin as parents, natural guardians, and next-of-friend of their minor child, D.E. v. Brenda Roe
Civil. Affirms in part, reverses in part, and remands. Concludes (1) trial court was within its discretion to deny the Erwins’ extension of time; (2) Roe is not liable for treble damages with respect to the federal statute; however, knowledge is not a requirement for violation of Residential Lead-Based Paint Hazard Reduction Act; (3) Roe was negligent per se with respect to state tort law; and (4) there is a genuine issue of material fact as to whether Roe was provided with a reasonable amount of time after she received notice lead paint would need to be removed from the house she rented to the Erwins before they broke their lease.

Adoption of D.C.; J.C. v. J.C. and A.C.

Civil. Affirms order of trial court that grants the petition of D.C.’s stepfather J.C. and his wife A.C. to adopt D.C. D.C., born May 5, 1998, has lived with stepfather since his birth. D.C.’s mother died in 2005 and stepfather has since remarried. Among the issues raised by D.C.’s biological father, appellant J.C., was whether his parental rights may not be terminated absent the procedural protections of the Indian Child Welfare Act. The Sitka Tribe of Alaska was permitted to intervene regarding the potential application of the ICWA.
Value World Inc. of Indiana v. Review Board of the Indiana Dept. of Workforce Development and C.C.

Civil. Affirms determination of the Unemployment Review Board of the Indiana Department of Workforce Development that concludes Value World did not have good cause for failing to attend an administrative appeal hearing.

Ebrahima Diallo v. State of Indiana
Criminal. Affirms convictions of three counts of Class C felony forgery.
Indiana Department of Correction v. Douglas Haley
Criminal. Reverses denial of DOC’s motion to correct error, which challenged the trial court’s order granting Haley’s petition for educational credit time.
Aaron Johnson v. State of Indiana (NFP)

Criminal. Affirms trial court’s denial of motion to withdraw guilty plea.
Vicki Sue Maze v. Robert L. Davenport, et al. (NFP)
Civil. Affirms trial court’s grant of summary judgment with respect to Maze’s claim for damages for breach of contract. Remands as to Maze’s unjust enrichment claim.
Joseph B. Williams AKA Lonnie Williams v. State of Indiana (NFP)
Civil. Affirms trial court’s denial of petition for writ of habeas corpus, after revocation of parole.

Bruce W. Guess v. State of Indiana (NFP)

Criminal. Affirms sentence following a guilty plea to murder and robbery as a Class B felony.
Jerome Ford v. State of Indiana (NFP)
Criminal. Affirms conviction of battery, a Class A misdemeanor.
Terry Ray Isaacs v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Andrew Tesch v. State of Indiana (NFP)  
Criminal. Affirms sentence imposed following guilty plea to Class C felony robbery.
Anthony L. Beery v. State of Indiana (NFP)
Criminal. Affirms trial court’s finding of violation of probation and probation revocation.
Leeland Runkel v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
James Watkins v. State of Indiana (NFP)
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.
Wolf Lake Pub Inc. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
Civil. Affirms decision of the Indiana Unemployment Insurance Review Board dismissing Wolf Lake Pub’s appeal for failure to appear at a hearing.
Copenhaver Construction Consultants LLC, et al. v. Lincoln Bank (NFP)
Civil. Affirms trial court’s grant of summary judgment in favor of Lincoln Bank and denial of appellants’ counter-motion for partial summary judgment.

Gary Parsley v. State of Indiana (NFP)
Criminal. Reverses and remands sentence following a guilty plea to attempted aggravated battery, a Class B felony.

Mark Vickery v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of motion to remove sexually violent predator status.
Rickey D. Miller and Jennifer Miller v. Art Duncan, M.D. (NFP)
Civil. Affirms judgment entered on medical malpractice action after jury returned a verdict in favor of Dr. Duncan.
Steven T. Hutson Jr. v. State of Indiana (NFP)
Criminal. Affirms probation revocation.
Tara L. Huffman v. State of Indiana (NFP)
Criminal. Affirms convictions of possession of cocaine, fraud, and theft as Class D felonies.
J.D. v. State of Indiana (NFP)
Juvenile. Affirms adjudication of J.D. as a juvenile delinquent after the juvenile court found he committed acts that would be Class B felony burglary and Class D felony theft if committed by an adult.

Matthew Ferry v. State of Indiana (NFP)  
Criminal. Affirms convictions of possession of marijuana, a Class A misdemeanor; maintaining a common nuisance, a Class D felony; possession of marijuana while having a prior conviction, a Class D felony, and with being a habitual substance offender.

Indiana Tax Court 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.