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Opinions Oct. 12, 2011

October 12, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley
68A04-1105-DR-269
Domestic relation. Affirms that Jeremy Nunley is entitled to a reduction of his child support obligation due to the decrease in his income due to his incarceration for Class D felony nonsupport of a dependent. Declines to create an exception to the rules set forth in Clark and Lambert for individuals incarcerated for the crime of nonsupport of a dependent.

Todd A. Anderson v. Shauna Anderson
47A01-1104-DR-159
Domestic relation. Reverses denial of Todd Anderson’s request to credit against his child support obligation Social Security benefits Shauna Anderson received on behalf of their child prior to Todd’s petition to modify child support. Periodic SSD payments should be treated the same as lump-sum SSD payments and may be applied retroactively to an existing arrearage. Remands with instructions.

Jonathon D. Douglas v. State of Indiana and Indiana Family & Social Services Admin., as Assignee of the Support Rights of Mechelle (Allen) McCrory
40A01-1009-DR-466
Domestic relation. Reverses denial of Douglas’ petition to modify his child support obligation due to his incarceration for nonsupport of a dependent. Declines to create an exception to the rules set forth in Lambert and Clark. Holds that the trial court erred when it concluded that incarceration for nonsupport of a dependent child cannot amount to a change in circumstances so substantial and continuing as to make the terms of an existing child support order unreasonable. Remands for further proceedings.  

In the Matter of the Involuntary Commitment of A.M.
82A01-1101-MH-29
Mental health. Affirms involuntary commitment to a mental health facility. Sufficient evidence supports that A.M. is gravely disabled.

Paul Fonner v. State of Indiana
55A05-1104-CR-175
Criminal. Affirms convictions of Class D felony theft and Class A misdemeanor criminal trespass. The trial court’s failure to properly and clearly advise Fonner of his right to testify resulted in the loss of his ability to make that waiver knowingly and intelligently. This error did not amount to a reversible error, and there is sufficient evidence to support his convictions.

Abby Allen and Walter Moore v. Clarian Health Partners, Inc.
49A02-1011-CT-1174
Civil tort. Reverses dismissal of Allen and Moore’s complaint pursuant to Ind. Trial Rule 12(B)(6). Holds that the complaint is supported by more than 120 years of Indiana common law that a reasonable charge will be implied in a contract that does not otherwise specify a charge, and the complaint states a claim for breach of contract. Remands for further proceedings.

Robert Glispie v. State of Indiana
49A02-1102-CR-115
Criminal. Reverses conviction of Class A misdemeanor trespass. The state failed to prove an essential element of the offense.

Darik Morell, Sr. v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Steven Howey v. State of Indiana (NFP)
34A02-1102-CR-125
Criminal. Affirms convictions of one count of Class A felony and two counts of Class B felony dealing in a schedule III controlled substance and one count of Class D felony maintaining a common nuisance.

Jerramy Martin v. State of Indiana (NFP)
49A02-1104-CR-297
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Luis Gonzales v. State of Indiana (NFP)
49A04-1102-CR-73
Criminal. Affirms convictions of and sentence for 13 counts, including criminal confinement, intimidation, and sexual battery stemming from attacks of seven females. Reverses conviction of one count of Class B felony confinement and remands for further proceedings.

In the Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. Affirms order granting father M.B. six hours of weekly unsupervised parenting time.

Julius A. Solis v. State of Indiana (NFP)
45A03-1008-CR-419
Criminal. Affirms conviction of and sentence for Class A felony voluntary manslaughter.

Charles Ford v. Indiana Dept. of Correction, et al. (NFP)
46A04-1103-CT-115
Civil tort. Affirms dismissal of tort complaint.

In the Paternity of A.G.L.; N.H. v. M.M. (NFP)
64A03-1103-JP-124
Juvenile. Affirms denial of motion to correct error challenging a child support order.

In the Matter of the Commitment of P.S.; P.S. v. Richard L. Roudebush Veterans Affairs Medical Center (NFP)
49A02-1107-MH-651
Mental health. Affirms involuntary commitment to mental health facility.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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