ILNews

Opinions May 22, 2014

May 22, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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certain Central Indiana Cooling and Heating payments under Contracts 1 and 2; Contract 3 was induced by fraud and is rescinded; and Yellow Book is entitled to pre-judgment interest and reasonable attorney fees for amounts owed under Contracts 1 and 2.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.
 

ADVERTISEMENT

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

ADVERTISEMENT