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Opinions Nov. 20, 2013

November 20, 2013
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Indiana Court of Appeals
Clifford and Judith Ann Garrett v. Paul and Linda Spear
23A01-1303-PL-96
Civil plenary. Affirms summary judgment for the Spears on their claims of title by acquiescence and adverse possession and denial of summary judgment for the Garrets. The trial court did not err in granting summary judgment based upon the doctrine of title by acquiescence.

Tony Sluder v. State of Indiana
03A01-1305-CR-208
Criminal. Reverses conviction of Class A misdemeanor possession of paraphernalia. The evidence was insufficient to establish that Sluder intended to use the syringe to introduce a controlled substance into his body.

Thomas Haggerty and Cathy Haggerty v. Anonymous Party 1, Anonymous Party 2, and Anonymous Party 3
53A01-1210-CT-472
Civil tort. Affirms in part and reverses in part. The trial court had jurisdiction to rule on the issue of immunity because it is an affirmative defense. Concludes that the Haggertys’ suit against the anonymous parties is barred by statutory immunity. Affirms the trial court’s grant of summary judgment, on immunity grounds, to AP1. Concludes that there is no genuine issue of material fact as to whether immunity also applies to AP2 and AP3; thus, reverses the trial court’s denial of their motion for summary judgment. Judge Baker dissents in part.

The City of Fort Wayne v. Consolidated Electrical Distributors, Inc. d/b/a All-Phase Electric Supply Co.
02A04-1306-CC-283
Civil collection. Affirms summary judgment for All-Phase on its unpaid subcontractor’s claim served on the mayor of Fort Wayne and against the city. When read in conjunction with relevant statutory provisions, I.C. 36-1-12-12 allowed All-Phase to serve notice of its unpaid subcontractor’s claim on the mayor of Fort Wayne. Also finds that All-Phase provided timely notice of its claim.

In Re The Paternity of B.B., R.B. v. T.J.
34A02-1303-JP-243
Juvenile. Affirms order modifying custody, visitation and support of B.B. to mother T.J. The court ruled that the mother was in the best position to act as B.B.’s primary caretaker and awarded her physical custody. After review, COA cannot say that the court’s findings or conclusions were clearly erroneous and concludes that the court did not abuse its discretion in granting her petition to modify custody.

John S. Paniaguas, Kathy R. Paniaguas, Woodrow Cornett, III, and Kristine E. Cornett v. Endor, Inc. et al (NFP)
45A03-1205-PL-244
Civil plenary. Affirms order that determined that the appellee homeowners’ homes were in compliance with the restrictive covenants of the subdivision.

In The Matter of The Estate of Charles W. Merlau, Deceased, Patricia Trout v. C. Thomas Cone, et al (NFP)
30A01-1304-EU-166
Estate, unsupervised. Affirms in part and reverses in part, and remands with instructions to conduct further proceedings. The successor representative improperly valued the stock, in that it should have been valued as of the date of distribution rather than on the date of the decedent’s death. All of the heirs should share equally in the payment of the taxes and the loss that was incurred on the stock. A subsequent hearing needs to be conducted that also addresses the issue of an administrative claim that the business lodged against the estate.

Dino D. Hickmon, Sr v. State of Indiana (NFP)
45A03-1305-CR-167
Criminal. Affirms 22-year sentence for two convictions of Class B felony incest.

Howard Moffitt v. State of Indiana (NFP)
49A04-1304-CR-186
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and Class C misdemeanor operating never having received a license.

Carlowe Wilson v. State of Indiana (NFP)
48A02-1304-CR-440
Criminal. Affirms sentence following guilty plea to Class D felony nonsupport of a dependent child.

Tawon L. Wright v. State of Indiana (NFP)
34A02-1304-CR-368
Criminal. Affirms conviction of Class C felony possession of cocaine.

George Cunitz v. State of Indiana (NFP)
35A02-1305-CR-405
Criminal. Affirms 40-year sentence following convictions for two counts of Class B felony burglary.

Eric Rasnick v. State of Indiana (NFP)
39A01-1211-CR-526
Criminal. Affirms convictions and 36-year sentence for Class B felony burglary and Class D felony theft.

The Indiana Supreme Court and Indiana 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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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