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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certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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