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Opinions Nov. 7, 2013

November 7, 2013
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Indiana Court of Appeals
Debra Minott, Faith Laird, Patti Bailey v. Lee Alan Bryant Health Care Facilities, Inc.; Parkview Residential Care Center, L.L.C.; Parke County Residential Care Center, L.L.C., et al.
49A05-1305-PL-213
Civil plenary. Reverses denial of state’s request for restitution for damages paid. The Nov. 8 order was not a final judgment because it did not address the issue of restitution. Holds the law firms and creditor banks in this case are judgment creditors. Remands for further proceedings.

Michael P. Stafford v. State of Indiana (NFP)
17A04-1304-CR-178
Criminal. Affirms convictions and 120-year sentence for Class A felony criminal deviate conduct, Class A felony kidnapping, Class B felony burglary, Class B felony criminal confinement, and Class B felony robbery while armed with a deadly weapon.

Michael Schepers v. State of Indiana (NFP)
19A01-1303-CR-100
Criminal. Affirms denial of Schepers’ motion to suppress and remands for retrial.

Michael Kelley v. State of Indana (NFP)
45A04-1303-PC-161
Post conviction. Affirms denial of petition for post-conviction relief.

David Fields v. State of Indiana (NFP)
15A01-1301-PC-3
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Tsikouris, Diann Tsikouris, and the 601 Building, Inc., v. LaPorte Savings Bank (NFP)
46A05-1212-MF-659
Mortgage foreclosure. Affirms summary judgment in favor of bank on its foreclosure action. However, the amount of the damages was erroneous, and the trial court therefore abused its discretion when it denied the motion to correct error. Additionally, the motion to correct error should have been granted as to the award of attorney fees. Remands with instructions to conduct a hearing on damages and attorney fees.

State of Indiana v. Jerramy Bushong (NFP)
67A04-1304-CR-196
Criminal. Affirms denial of the state’s motion to correct error, which challenged the grant of a motion to suppress evidence.

Jeffrey V. McCloud v. State of Indiana (NFP)
49A02-1304-CR-322
Criminal. Double jeopardy principles embodied in the continuing crime doctrine bar entry of two judgments of conviction against McCloud for resisting law enforcement. The trial court erred when it imposed a sentence in excess of statutory authority against McCloud for possession of paraphernalia, as a Class A misdemeanor. McCloud’s 47-year sentence was not inappropriate under Appellate Rule 7(B). Remands with instructions to vacate his conviction for resisting law enforcement as a Class A misdemeanor and to enter a sentence within the authorized statutory range on McCloud’s conviction for possession of paraphernalia as a Class A misdemeanor.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

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