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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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