Opinions March 30, 2011

March 30, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Tywan D. Griffin v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana, ruling the state proved beyond a reasonable doubt that Griffin committed the charge.

George F. Evans, Jr. v. Peggy A. Evans
Domestic relation. Affirms trial court’s grant of motion to compel payment in favor of James C. Michael, personal representative for the estate of Peggy A. Evans, pursuant to an amended dissolution decree. States that Peggy’s counsel advised George’s counsel that his pension plan administrator had rejected the qualified domestic relations order (QRDO) from the court, as the QRDO must state that benefits to Peggy would terminate upon her death. Peggy died before she had received a single payment from the QRDO. Michael then filed a motion to compel payment as outlined in the QRDO, or an alternative payment. Judge Riley dissents in part.

Trust of William H. Riddle; Linda Goins v. Patricia Riddle
Trust. Affirms trial court’s ruling that Goins had breached her duties as trustee for William H. Riddle by paying for expenses not allowable under specific provisions of the trust. With respect to the cross-appeal, remands to trial court to determine reasonable trial and appellate attorney fees. Statute allows that if a beneficiary successfully maintains an action to compel a trustee to perform his duties, the beneficiary is entitled to reasonable attorney fees, which includes appellate attorney fees.

Estate of Nathaniel Kappel v. Margaret Kappel
Estate, supervised. Affirms Hendricks Superior Court’s order requiring the estate of Nathaniel Kappel to pay a survivor’s allowance to his widow, Margaret Kappel, stating Margaret’s demand was not untimely, as a surviving spouse is not required to file a demand for payment, and is therefore not subject to the nine-month time period prescribed by Indiana Code Section 29-1-14-1(d).

Sheila K. Granger v. State of Indiana
Criminal. Affirms convictions of five counts of child molesting as Class A felonies, three counts of child molesting as Class C felonies and one count of Class D felony child solicitation. While some admitted evidence was not relevant to the case, other items collected from Granger’s house corroborated the testimony of witnesses, and provided sufficient evidence for a jury to base credibility findings. Finds the admission of the irrelevant evidence to be harmless. Reduces her 60-year executed sentence, citing Granger’s lack of a criminal record, her role in the community, and relative lack of substantial physical harm to the victims.

Jerry and Mary Kwolek v. Rodney and Jennifer Swickard
Civil plenary. Reverses trial court’s judgment in favor of Rodney and Jennifer Swickard, stating the trial court erred when it concluded the Swickards were entitled to park on an “ingress-egress” easement in front of Jerry and Mary Kwolek’s garage. An agreement between the couples does not state the Swickards were entitled to use the easement beyond ingress and egress. The Kwoleks later made improvements to the easement, which the trial court had ordered removed. But the appeals court dismissed that order, stating the improvements did not interfere with the Swickards’ ability to access their own property.

Leslie A. McCormick v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery.

D.J. v. Review Board (NFP)
Civil. Dismisses appeal of decision in favor of the city on D.J.’s claim for unemployment insurance benefits, citing noncompliance with the Indiana Rules of Appellate Procedure.

Samuel D. Manley v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony resisting law enforcement and Class C felony causing death when operating a motor vehicle with a schedule I or II controlled substance in the blood.

James Whitaker, et al. v. Sandra Maskell, et al. (NFP)
Civil plenary. Affirms trial court’s award of attorney fees to Maskell and other defendants.

Gregory Proffitt v. State of Indiana (NFP)
Criminal. Affirms trial court’s decision to deny motions for discharge pursuant to Criminal Rule 4(B).

James A. Love, et al. v. Meyer & Najem Construction, LLC (NFP)
Civil tort. Reverses trial court’s grant of partial summary judgment in favor of Meyer & Najem Construction in a suit filed after James was injured.

Ro.C. v. Ry.C. (NFP)
Domestic relation. Affirms trial court’s order denying mother’s request to relocate to New York with the parties’ children. Dismisses mother’s appeal regarding her motion to modify child support.

Indiana Tax Court had 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.