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Opinions Nov. 7, 2012

November 7, 2012
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Indiana Supreme Court
Michael Kucholick v. State of Indiana
12S02-1211-CR-630
Criminal. Justices grant transfer and order Kucholick’s sentence for Class C felony criminal recklessness and Class B misdemeanor criminal mischief revised to the advisory term of four years, all executed. Summarily affirms Court of Appeals decision in all respects. Chief Justice Dickson dissents, believing the trial court’s sentence of seven years should be affirmed.  

Indiana Court of Appeals
Dennis Larson, Rose Real Estate, Inc., and Diversified Commercial Real Estate v. Peter N. Karagan
45A04-1112-CC-656
Civil collection. Affirms summary judgment for Karagan on his breach of contract and conversion claims as well as the award of treble damages. There are no genuine issues of fact precluding summary judgment. Reverses denial of Karagan’s request for prejudgment interest and remands for a calculation of the amount of interest to which Karagan is entitled.

Fred C. Feitler, Mary Anna Feitler, and the Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, JM Woodworking Co.
17A04-1206-PL-297
Civil plenary. Reverses summary judgment in favor of the subcontractors on the question of the Feitlers’ personal responsibility, as that issue should go to trial. Agrees that neither J. Laurie Commercial Floors nor JM Woodworking can hold a mechanic’s lien against the real estate on which Fred and Mary Anna Feitler were building a home.

Cornelius Hooten v. State of Indiana (NFP)
49A02-1204-CR-266
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Cameron Williams v. State of Indiana (NFP)
49A04-1109-PC-502
Post conviction. Affirms denial of petition for post-conviction relief.

John Salter v. State of Indiana (NFP)
27A02-1203-CR-275
Criminal. Dismisses appeal of conviction following guilty plea.

In the Matter of C.C., (Minor Child), a Child in Need of Services; M.W., Mother v. Indiana Dept. of Child Services, Child Advocates, Inc. (NFP)
49A04-1203-JC-127
Juvenile. Affirms adjudication of 17-year-old C.C. as a child in need of services.

In the Matter of the Parent-Child Rel. of: K.E.G.-H. and D.G. v. The Indiana Dept. of Child Services (NFP)
51A01-1204-JT-174
Juvenile. Affirms termination of parental rights.

LaQuinton Leonard v. State of Indiana (NFP)
71A03-1203-CR-128
Criminal. Affirms conviction and sentence for murder.

Cherie Solms v. Michael Solms (NFP)
27A02-1204-PO-279
Protective order. Reverses dismissal of petition for an order of protection against Michael Solms. Remands with instructions.

Brian Gale Waters v. Indiana Real Estate Commission, et al. (NFP)
49A02-1112-MI-1165
Miscellaneous. Reverses and remands with instructions to dismiss Waters’ complaint for lack of subject matter jurisdiction.

Brandon Price v. State of Indiana (NFP)
49A04-1203-CR-154
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon, reverses public defender fee and remands for further proceedings.

Vincent O. Dates v. State of Indiana (NFP)
84A05-1203-CR-134
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Thomas Dudley and Barbara Dudley v. The Estate of Earl Studtmann (NFP)
46A03-1204-PL-147
Civil plenary. Reverses entry of summary judgment for the estate and remands for further proceedings.

James S. Shidler v. State of Indiana (NFP)
37A05-1204-CR-186
Criminal. Affirms conviction and sentence for Class A felony conspiracy to commit murder.

Adrian Lotaki v. State of Indiana (NFP)
71A03-1106-PC-284
Post conviction. Affirms denial of petition for post-conviction relief.

 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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