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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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