Opinions - May 25, 2010

May 25, 2010
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Indiana Supreme Court

Desmond Davidson v. State of Indiana
Criminal. Affirms trial court and agrees with Court of Appeals. Finds that upon the review of sentence appropriateness under Appellate Rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant. Disapproves of the contrary views expressed in Eaton, 825 N.E.2d at 1290–91; Pagan, 809 N.E.2d at 926; and Cox, 792 N.E.2d at 904.

Indiana Family and Social Services Administration v. Alice V. Meyer, et al.
Civil. Unanimously holds the trial court has no authority to grant a motion for an extension of time to file the record if the motion is filed after the time for filing the record and any previous extensions have expired. Supreme Court is divided as to whether a case may go forward where a full record of proceedings has not been filed. The Court of Appeals decision therefore remains in place and the trial court‘s order remanding this case to FSSA is affirmed.

Indiana Court of Appeals

Susan Kozlowski v. Lake County Plan Commission, Dordija Dordieski, Lana Dordieski, Jon Bruskoski, and Liberty Bruskoski
Civil. Affirms denial of Kozlowski’s motion for summary judgment regarding her claims against the Dordieskis and the Bruskoskis and the Lake County Plan Commission. Grants the request of the Dordieskis and the Bruskoskis for appellate fees, and remands for a determination of reasonable appellate attorneys’ fees.

Cynthia VanTreese v. State of Indiana (NFP)
Post-conviction. Affirms denial of VanTreese’s petition for post-conviction relief, which challenged her 1981 conviction of Class D felony possession of marijuana or hashish.

Termination of Parent-Child Relationship of H.J.F.; S.S.W. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms probate court’s order involuntarily terminating S.S.W. (mother)’s parental rights to H.J.F.

Timothy Bitter v. State of Indiana (NFP)
Criminal. Reverses and remands Bitter’s conviction of and sentence for child molesting as a Class C felony.

Mitchell L. King v. State of Indiana (NFP)
Criminal. Affirms King’s conviction by jury of theft as a Class D felony.

Richard Saunders v. State of Indiana (NFP)
Criminal. Affirms Saunders’ conviction of dealing in a schedule II controlled substance, a Class A felony.

Juan Beasley v. State of Indiana (NFP)
Criminal. Affirms Beasley’s conviction of two counts of robbery as Class B felonies.

Nelisa Glover v. State of Indiana (NFP)
Criminal. Affirms Glover’s conviction of Class A misdemeanor prostitution.

B.G. v. Review Board of the Indiana Dept. of Workforce Development and Celadon Trucking Services Inc. (NFP)
Administrative. Affirms decision of the Unemployment Insurance Review Board to affirm the dismissal of B.G.’s appeal from the denial of unemployment benefits for failure to appear for a telephonic, evidentiary hearing.

David Smith v. First Farm Mutual Insurance Co. (NFP)
Civil. Reverses and remands trial court’s entry of summary judgment in favor of First Farm Mutual Insurance Company on Smith’s claim for breach of insurance contract.

Steven Scott v. State of Indiana (NFP)
Criminal. Affirms Scott’s conviction of battery as a Class A misdemeanor.

Indiana Tax Court posted no opinions before IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.