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
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certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.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
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
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
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
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.
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)
Criminal. Affirms conviction of Class D felony residential entry.

Jeremy Riffert v. State of Indiana (NFP)
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)
Criminal. Affirms sentence for dealing in methamphetamine as a Class A felony.

Sylvester Smith v. State of Indiana (NFP)
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)
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)

Juvenile. Affirms termination of father’s parental rights.

Jerry L. Siers v. State of Indiana (NFP)
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)
Domestic relation. Affirms division of assets in the dissolution of the Powells’ marriage.

David W. Reed v. Jennifer Reed (NFP)
Domestic relation. Affirms award of primary physical custody of the two minor sons to mother.

Thomas H. Fuller, III v. State of Indiana (NFP)
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)
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. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit