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Opinions May 22, 2013

May 22, 2013
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Indiana Court of Appeals
Lydia Lanni v. National Collegiate Athletic Association, et al.
49A05-1208-CT-392
Civil tort. Reverses summary judgment in favor of the NCAA on Lanni’s negligence claim. The trial court abused its discretion when it denied Lanni’s April 20, 2012, motion for alteration of time. It effectively deprived her of a reasonable opportunity to present any material made pertinent to a Trial Rule 56 motion. Affirms denial of Lanni’s motion to strike the affidavit by the NCAA’s fencing championship manager, designated by the NCAA, that the NCAA was not involved in the fencing match where Lanni was injured.

Charles A. Walker v. State of Indiana

46A04-1210-PC-519
Post conviction. Affirms denial of petition for post-conviction relief. Walker was not prejudiced by his trial counsel’s failure to request a directed verdict on the habitual offender count, and he did not receive ineffective assistance from appellate counsel.

Mark L. Jordan v. State of Indiana
45A04-1212-CR-646
Criminal. Reverses denial of petition for relief under Post-Conviction Rule 2, seeking a belated appeal. The denial of the petition without a hearing or specific findings was an error because Jordan was without fault in failing to file a timely notice of appeal in light of his attorney’s terminal illness. Remands for further proceedings.

Gersh Zavodnik v. Brian Richards and NJGOLFMAN.COM a/k/a Savva's Golf Enterprises a/k/a PROGOLFJERSEYCITY@YAHOO.COM and Steve Panayiotov, et al.
49A02-1209-CC-750
Civil collection. Grants rehearing and reaffirms original decision in all respects. Clarifies that although Zavodnik must obtain reinstatement of his original complaints under their original cause numbers, such reinstatement could be ordered by a judge other than Judge Oakes, if Judge Oakes indeed were to recuse himself from any future attempts at reinstatement.

In Re the Matter of: D.L. v. State of Indiana (NFP)
49A02-1210-JV-851
Juvenile. Affirms finding that D.L. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.

Mary K. Wallskog v. ACS (Affiliated Computer Services), et al. (NFP)
45A03-1206-CT-256
Civil tort. Affirms denial of Wallskog’s motion to correct error, which challenged the dismissal without prejudice of her claim against Jack Hyatte and Xerox Business Services LLC f/k/a Affiliated Computer Services.

S.R. v. R.S.Y. and T.L.Y. (NFP)

47A01-1210-AD-488
Adoption. Affirms adoption of minor by grandparents.

Heather Hill v. Daryl Hill (NFP)
64A03-1208-DR-363
Domestic relation. Affirms order on emancipation.

Paul Reese v. State of Indiana (NFP)
49A04-1207-CR-381
Criminal. Affirms murder conviction and sentence.

In Re: The Paternity of K.S.: M.M. (Mother) v. J.S. (Father) (NFP)

17A03-1209-JP-390
Juvenile. Affirms order awarding father J.S. primary physical custody of K.S.

Freddie L. McKnight, III v. State of Indiana (NFP)
20A03-1109-CR-454
Criminal. Dismisses McKnight’s appeal of the denial of his petition for post-conviction relief.

Tyler E. Burton v. State of Indiana (NFP)
73A01-1205-CR-225
Criminal. Affirms convictions of Class B felony possession of methamphetamine within 1,000 feet of school property, Class D felony maintaining a common nuisance and Class A misdemeanor possession of paraphernalia.

Shawn Tyler Miller v. State of Indiana (NFP)

82A01-1209-CR-451
Criminal. Affirms conviction of Class D felony criminal confinement.

Xxavier Jones v. State of Indiana (NFP)
79A02-1207-CR-622
Criminal. Affirms in part, reverses in part and remands to the trial court to vacate two of the three robbery convictions and sentences and resentence Jones on only one count of robbery.

Fiona C. Lee v. State of Indiana (NFP)

49A05-1208-CR-420
Criminal. Affirms conviction of Class A felony neglect of a dependent.

In the Matter of the Term.of the Parent-Child Rel. of: N.S. and D.S. v. The Indiana Dept. of Child Services (NFP)
68A05-1209-JT-490
Juvenile. Affirms involuntary termination of father’s parental rights.

Candace Hernton v. State of Indiana (NFP)
49A04-1211-CR-548
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class C misdemeanor failure to stop after an accident not resulting in injury.

Jerry Lee Slisz v. State of Indiana (NFP)
71A05-1210-CR-530
Criminal. Affirms conviction of Class C felony burglary.

Zebulan Hildebrand v. State of Indiana (NFP)

69A01-1210-CR-459
Criminal. Affirms conviction of Class B felony aggravated battery and remands for clarification of the judgment of conviction.

Charles E. Justise, Sr. v. Marion County Jail, Indiana Dept. of Correction, Jerry Huston, Karen Richards, and Stephen Hall (NFP)
49A02-1203-PL-291
Civil plenary. Affirms denial of Justise’s motion for relief from judgment and dismisses the remainder of the appeal.

Thomas Dunigan v. State of Indiana (NFP)
49A02-1210-CR-812
Criminal. Vacates conviction of Class A misdemeanor domestic battery. Affirms convictions of Class A misdemeanor battery and Class D felony domestic battery.

Coriyahvon Lamont Outlaw v. State of Indiana (NFP)
82A04-1209-CR-454
Criminal. Affirms sentence for Class D felony unlawful possession of a legend drug and Class A misdemeanor possession of marijuana.

Term. of the Parent-Child Rel. of: D.F. & H.D. (Minor Children), and J.D. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A05-1210-JT-531
Criminal. Affirms termination of mother’s parental rights.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. 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.

  2. 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.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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