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Opinions May 22, 2014

May 22, 2014
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Indiana Court of Appeals
Yellowbook Inc. f/k/a Yellow Book Sales and Distribution Company, Inc. v. Central Indiana Cooling and Heating, Inc. and Lawrence E. Stone a/k/a Larry Stone
30A05-1311-CC-561
Civil collection. Affirms in part, reverses in part and remands with instructions. The trial court erred when it concluded that Yellow Book failed to credit certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.

Maddox T. Macy v. State of Indiana
52A02-1309-CR-808
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Macy’s acts of opening the officer’s police car door and refusing to place her feet inside the car were not acts constituting forcible resistance.  

Julian Tuggle v. State of Indiana
49A05-1308-CR-413
Criminal. Affirms murder conviction. Tuggle’s Fourth Amendment rights and Article I, Section 11 rights were not violated. The evidence demonstrated that the detective acted lawfully and reasonably in seizing the bag of Tuggle’s clothing without a warrant.

Craig Bakari Thomas v. State of Indiana
71A04-1305-CR-256
Criminal. Affirms convictions of two counts of Class B felony criminal deviate conduct and one count of Class D felony sexual battery. Although the state committed prosecutorial misconduct in its first statement, that error was harmless. There was no misconduct related to the prosecutor’s second statement.

Robert R. Setree, II, and Beverly L. Setree v. River City Bank
10A01-1311-MF-485
Mortgage foreclosure. Affirms summary judgment in favor of River City Bank granting it the right to foreclose on the Setrees’ real estate. The principles of full faith and credit required the trial court to consider the judgments of a Kentucky court res judicata to the instant cause.

In the Matter of the Paternity of B.C., M.B. and N.S. v. J.C.
54A01-1309-JP-398
Juvenile. Reverses denial of guardians’ motion to correct error following an order on custody and parenting time in a paternity action filed by J.C. in Montgomery County, and denial of their motions in Marion County to correct error following the dismissal of their guardianship and adoption action. Because the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of B.C. Accordingly, the Montgomery Circuit Court could not properly exercise jurisdiction to enter its July 5, 2013, order as the Marion Superior Court had exclusive jurisdiction over the custody of B.C., and the Marion Superior Court erred when it dismissed the guardianship and adoption proceedings.

Darren L. Sivley v. State of Indiana (NFP)
02A03-1310-CR-399
Criminal. Affirms conviction of Class D felony residential entry.

Jeremy Riffert v. State of Indiana (NFP)
15A01-1310-CR-460
Criminal. Affirms 800-day sentence following guilty plea to Class D felony operating a vehicle as a habitual traffic violator.

William A. Parks v. State of Indiana (NFP)
79A04-1305-CR-259
Criminal. Affirms sentence for dealing in methamphetamine as a Class A felony.

Sylvester Smith v. State of Indiana (NFP)
45A03-1310-CR-402
Criminal. Affirms convictions of three counts of Class D felony criminal recklessness.

In the Matter of the Termination of the Parent-Child Relationship of: J.S. (Minor Child), and T.S. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1309-JT-405
Juvenile. Affirms order terminating father’s parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: E.M.D., E.D., and S.D., (Minor Children), and S.D., (Father) v. The Indiana Department of Child Services (NFP)

45A03-1310-JT-394
Juvenile. Affirms termination of father’s parental rights.

Jerry L. Siers v. State of Indiana (NFP)
85A02-1310-CR-888
Criminal. Affirms convictions of two counts of Class A felony child molesting, one count of Class C felony child molesting and four counts of Class A misdemeanor tattooing a minor.

Larry Powell v. Vanessa Powell (NFP)
03A04-1308-DR-399
Domestic relation. Affirms division of assets in the dissolution of the Powells’ marriage.

David W. Reed v. Jennifer Reed (NFP)
82A01-1309-DR-411
Domestic relation. Affirms award of primary physical custody of the two minor sons to mother.

Thomas H. Fuller, III v. State of Indiana (NFP)
84A01-1307-CR-336
Criminal. Affirms order Fuller serve his entire previously suspended sentence following a violation of terms of work release.

Megan M. Hatzell v. Tyler A. Hatzell (NFP)
38A02-1309-DR-820
Domestic relation. Affirms custody modification order granting temporary custody of three minor daughters to their father.

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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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