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Opinions March 11, 2013

March 11, 2013
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Indiana Court of Appeals
Bay Colony Civic Corporation v. Pearl Gasper Trust and Bruce F. Waller
49A05-1207-PL-365
Civil plenary. Reverses trial court ruling in favor of Gasper and Waller, holding that a public easement to a reservoir also grants access to the water and not just to the land adjacent to the water, and that a neighborhood association did not violate its bylaws by spending money to improve access to the lake for residents. Remands to the trial court to grant the association’s motion for partial summary judgment.

In the Matter of the Support of B.J.R.: B.J.R., by next friend, R.J.C. v. C.J.R., Sr.
49A02-1206-RS-454
Reciprocal support. Affirms court order reducing a father’s child support payment that had been ordered by a Pennsylvania court. The panel held that sufficient evidence was presented to establish that either the father’s circumstances had changed so substantially as to make continuing terms unreasonable, or that the order differs by more than 20 percent from what would be ordered under Indiana’s child support guidelines.

John Brewer v. Cathy Jo Bowman (NFP)
49A02-1208-CT-681
Civil tort. Affirms trial court’s ruling that an automobile was a valid inter vivos gift to Bowman.

Town of Clarksville, Indiana v. Chris Conte and Mary Ann Conte (NFP)
10A05-1202-CT-105
Civil tort. Vacated the judgment of the trial court and remanded with instructions. Ruled the trial court’s findings were not sufficient to support the judgment that the town had a duty, it breached that duty, the Contes’ injury was caused by the town’s breach, and the damages of $28,644.47 with post-judgment interest of 8 percent were appropriate.

In Re The Guardianship of J.M.: Christina M. Martin (Kibalko) v. William P. Hitch and Georgia L. Hitch (NFP)
82A04-1205-GU-272
Guardianship. Affirms the trial court’s denial of the mother’s petition to terminate the guardianship. Reverses and remands with instructions the trial court’s order that the mother reimburse the guardians for $1,000 paid to the guardian ad litem.  

 Mark A. Salisbury v. State of Indiana (NFP)

17A03-1209-PC-373
Post conviction. Affirms the post-conviction court’s finding that Salisbury’s plea was knowingly, intelligently, and voluntarily entered into because he had effective assistance of trial counsel.
 
Gregory Leech v. State of Indiana (NFP)
49A02-1207-CR-559
Criminal. Affirms convictions of trespass, a Class A misdemeanor; and battery, a Class B misdemeanor.
 
Martin Reyes v. State of Indiana (NFP)
46A03-1206-PC-261
Post conviction. Affirms post-conviction court’s denial of Reyes’ request for post-conviction relief on the grounds his trial counsel was effective.  

Dustin James Mahler v. State of Indiana (NFP)

45A03-1208-CR-369
Criminal. Affirms conviction of battery, Class A misdemeanor. Ruled the incomplete jury instruction defining Class A misdemeanor battery did not result in fundamental error.

Darvin McCallister v. State of Indiana (NFP)

87A05-1208-CR-443
Criminal. Affirms trial court’s denial of McCallister’s motion to set aside his guilty pleas for possession of methamphetamine and possession of a controlled substance, both Class D felonies.

Carlos Ulloa v. State of Indiana (NFP)
49A02-1206-CR-463
Criminal. Affirms convictions of two counts of dealing in cocaine, each as a Class A felony, and one count of dealing in cocaine, as a Class B felony. Finds the trial court did not err in denying Ulloa’s motion for discharge pursuant to Criminal Rule 4(B) when he was not brought to trial within 70 days of his pro se request for a speedy trial.

Term. of the Parent-Child Rel. of D.L., minor child, and D.S., mother: D.S. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A05-1206-JT-305
Termination of parental rights. Affirms juvenile court’s judgment terminating mother’s parental rights. Finds no error in the lower court’s conclusions that the conditions leading to D.L.’s removal are unlikely to be remedied and the termination of mother’s parental rights is in the minor’s best interests.

Michael Porter v. State of Indiana (NFP)
34A02-1210-CR-840
Criminal. Affirms conviction of operating a vehicle with an alcohol concentration equivalence of 0.08 or more, a Class C misdemeanor.  

Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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