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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. 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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