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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. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  2. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  3. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  4. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  5. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

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