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Opinions May 17, 2013

May 17, 2013
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Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.

Kirk B. Lynch v. State of Indiana
40S05-1301-CR-23
Criminal. Affirms trial court’s sentence of 40 years with five years suspended for attempted child molesting, a Class A felony. Finds the sentence was not inappropriate under Appellate Rule 7(B) because it exceeded the advisory sentence by 10 years.

Calvin Merida v. State of Indiana
69S01-1301-CR-24
Criminal. Affirms trial court imposition of consecutive advisory sentences for an aggregate term of 60 years for two counts of child molesting as Class A felonies. Vacated the Indiana Court of Appeal’s decision to revise the sentences under Appellate Rule 7(B), holding the sentences imposed were not inappropriate.

Indiana Court of Appeals
Ladonna A. Reck, As Personal Rep. of the Estate of Evelyn L. Holmes v. Harry Clifton Knight, M.D., Mona Siddiqui Saifullah, M.D., Community Health Network, Inc., et al. (NFP)
49A05-1208-CT-428
Civil tort/medical malpractice. Affirms denial of motion to correct error filed following dismissal of the proposed complaint after a statutorily imposed deadline passed.

Robert V. Allen v. State of Indiana (NFP)

71A03-1209-CR-408
Criminal. Affirms conviction of Class D felony theft.

Rodney D. Mosby v. State of Indiana (NFP)
71A04-1209-CR-469
Criminal. Affirms conviction of Class B felony robbery and Class A misdemeanor resisting law enforcement.
 
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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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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