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Opinions May 30, 2014

May 30, 2014
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Indiana Court of Appeals
In re the Paternity of V.A., (Minor Child), R.A. v. B.Y.
39A04-1310-JP-512
Juvenile. Affirms a special judge’s ruling that the judge who heard evidence remanded to the trial court from an earlier appeal should rule on the remanded issues, as required by Trial Rule 63(A). The panel rejected father R.A.’s objection claiming that his change-of-judge request trumps that rule, finding that the change-of-judge rule only applies prospectively, while Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence.

In Re: The Paternity of V.A., a Minor Child, R.A. Father v. B.Y., Mother
39A01-1307-JP-304
Juvenile. Affirms denial of a petition to modify custody and support, and a motion to correct error. A special judge appointed to hear the case ruled that he lacked jurisdiction, and the panel found that ruling was not an abuse of discretion.

Jose M. Santana v. State of Indiana
20A04-1302-CR-54
Criminal. Affirms conviction of Class C felony operating a motor vehicle while privileges are forfeited for life. Rules although the police officer began following the vehicle because he erroneously ran the wrong license plate number, he did not initiate the stop until he observed Santana fail to signal a turn at least 200 feet before turning.
 
Depuy Orthopaedics Inc. and, Johnson & Johnson v. Travis Brown, et al.
49A02-1304-CT-332
Civil tort. Reverses denial of Depuy’s and Johnson & Johnson’s motion to dismiss and remands to the trial court for dismissal on the grounds of forum non conveniens governed by Indiana Trial Rule 4.4(C). The litigation over defective hip replacement devices may be re-filed in Virginia or Mississippi, where plaintiffs underwent surgical implantation of the devices.

Joseph Fuentes v. State of Indiana
71A04-1310-CR-522
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony possession of a handgun by a felon, Class D felony criminal recklessness and Class D felony resisting law enforcement. Finds the trial court did not abuse its discretion in admitting evidence that Fuentes had an assault rifle in his car when he fled police nor did the lower court commit fundamental error by encouraging the jury to continue deliberating after the jurors asked what they should do since they were split on one of the counts. Finally concludes the evidence was sufficient to establish Fuentes intended to kill a police officer.

In the Matter of the Termination of the Parent-Child Relationship of: O.V., Minor Child, J.V., Mother v. Indiana Department of Child Services (NFP)
71A03-1312-JT-499
Juvenile. Affirms involuntary termination of mother J.V.’s parental rights.

Brooke Tubbs v. State of Indiana (NFP)
48A02-1309-CR-771
Criminal. Affirms 18-month executed sentence and convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor driving while suspended.

Charlie S. Hines III v. State of Indiana (NFP)
89A05-1307-CR-362
Criminal. Affirms convictions of two counts of Class B felony dealing cocaine.

Thomas H. Kramer, Member and Manager of Domus Property Investments, LLC v. Mark Kramer, and Domus Property Investments, LLC (NFP)
71A04-1305-PL-261
Civil plenary. Reverses trial court ruling that Mark Kramer violated a non-compete clause with regard to one rental property and finds that he violated those terms with regard to three properties. Remands for total judgment of $333,156 in Thomas Kramer’s favor. Affirms denial of legal fees and prejudgment interest for Thomas Kramer.
 
In Re the Marriage of: Michelle Schlotterback and Terry Schlotterback, Terry Schlotterback v. Michelle Schlotterback (NFP)
57A05-1306-DR-321
Domestic relation. Affirms denial of Terry Schlotterback’s motion to correct error relating to the division of the estate amassed during marriage and his motion to correct error with regard to the uninsured medical expenses of the parties’ children.
 
Dietrich D. Smith, Jr v. State of Indiana (NFP)
45A05-1401-CR-31
Criminal. Dismisses appeal over whether Smith’s pretrial and earned credit time was properly awarded by the Department of Correction because the record is inadequate to make a determination.

Ronald Buttermore v. State of Indiana (NFP)
48A05-1309-CR-472
Criminal. Affirms revocation of probation.

Raven McGinty v. State of Indiana (NFP)
46A05-1310- CR-500
Criminal. Affirms 45-year sentence for multiple felony convictions of child molestation and other sex crimes.
 
Alma Stanbary v. Madison-Jefferson County Library (NFP)
39A01-1312-CT-537
Civil tort. Affirms summary judgment in favor of the library.

Jeremiah Workman v. State of Indiana (NFP)
27A02-1312-CR-1020
Criminal. Affirms revocation of probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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