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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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