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Opinions March 25, 2013

March 25, 2013
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Indiana Court of Appeals
Maria Upham, as Surviving Spouse and Personal Rep. of the Estate of Wilbur A. Upham, Deceased v. Morgan County Hospital, Richard J. Eisenhut, M.D., Unity Physicians, Kendrick Family Practice, et al.
55A01-1202-CT-53
Civil tort/malpractice. Affirms jury verdict in favor of the hospital, holding that Upham’s counsel failed to request an admonishment and therefore waived the argument that the court should have declared a mistrial because of a prospective juror’s comments that plaintiff’s counsel was motivated by money. There was no abuse of discretion in jury instructions or in the court’s limiting of discovery.  

Ronald G. Arnold and B. Candi Arnold v. Allen Robert Linnemeier and Kathy Sue Linnemeier (NFP)

53A04-1207-PL-368
Civil plenary. Affirms the trial court’s judgment in favor of the Linnemeiers which granted them an easement by prior use and an irrevocable license across the Arnolds’ land for purposes of entering and exiting.

Jesse R. Luckey v. State of Indiana (NFP)
34A04-1208-CR-399
Criminal. Reverses order revoking Luckey’s probation in two underlying cases arising from his convictions for possession of a controlled substance as a Class D felony, possession of marijuana as a Class D felony and possession of paraphernalia as a Class A misdemeanor. Ruled although the evidence was sufficient for the trial court to find probable cause that Luckey had committed the new offenses, it was insufficient to establish the commission of such crimes by preponderance of the evidence.

Aaron Brown v. State of Indiana (NFP)
49A02-1207-CR-546
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor driving with a suspended license. Found the trial court did not abuse its discretion when it admitted the evidence obtained incident to Brown’s arrest.

Alejandro Gomez-Aviles v. State of Indiana (NFP)
49A02-1209-CR-728
Criminal. Affirms convictions of two counts of child molesting, each as a Class A felony; two counts of child molesting, each as a Class C felony; and four counts of sexual misconduct with a minor, each as a Class C felony. Found corpus delicti had been established so the admission of Gomez-Aviles videotaped confession did not constitute a fundamental error. Also ruled Gomez-Aviles did not carry his burden of demonstrating prosecutorial misconduct.

Rev. Carl Z. Liggins and The Board of Trustees of Mt. Olive Missionary Baptist Church, Inc. v. William Bagley, Raymond Gaines, Gregg Merriweather, Stevie Bonds, Curtis Godfre, et al. (NFP)
49A02-1203-CT-184
Civil tort.  Reverses trial court’s order directing Mount Olive Missionary Baptist Church to hold a general meeting to consider the retention of Rev. Liggins. Found the trustees did not fail to follow the procedures set out in the bylaws concerning the renewal or extension of the pastor’s contract because the bylaws did not give a procedure for how to handle a contract renewal or extension.

Jaime A. Herrera v. State of Indiana (NFP)

45A05-1208-PC-440
Post conviction. Affirms denial of Harrera’s petition for post-conviction relief. Ruled that Herrera’s proposed sentencing challenge was meritless and, therefore, he did not demonstrate his appellate counsel was ineffective.

Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Dismisses Liston’s appeal of the trial judge’s order rescinding the referee’s order granting his petition for post-conviction relief. Liston did not request the trial court to certify its order for interlocutory appeal and did not request the Court of Appeals to accept jurisdiction.

Sherry L. Pruitt v. State of Indiana (NFP)

58A01-1206-CR-275
Criminal. Affirms the revocation of Pruitt’s probation and the order that she serve incarcerated the three years remaining on her sentences. Remands for the court to correct a clerical error and enter a modified abstract of judgment that lists both cause numbers under which the revocation was adjudicated.  
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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