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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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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