ILNews

Opinions March 11, 2013

March 11, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT