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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
49A02-1007-CR-774
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
12A02-1008-DR-895
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
41A04-1007-TR-447
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
32A01-1008-ES-462
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
10A01-1002-CR-39
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
64A05-1006-PL-372
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)
45A05-1007-CR-431
Criminal. Affirms conviction of Class D felony battery.

D.J. v. Review Board (NFP)
93A02-1006-EX-683
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)
82A01-1008-CR-372
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)
60A04-1008-PL-463
Civil plenary. Affirms trial court’s award of attorney fees to Maskell and other defendants.

Gregory Proffitt v. State of Indiana (NFP)
24A01-1006-CR-357
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)
32A01-1006-CT-317
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)
32A01-1009-DR-435
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. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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