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Opinions Oct. 4, 2013

October 4, 2013
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Opinions Oct. 4, 2013

Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)

49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.

Johnny Henderson v. State of Indiana (NFP)
49A02-1302-CR-178
Criminal. Affirms conviction of Class B felony attempted burglary.

Howell Contractors, Inc. and Fidelity and Deposit Company of Maryland v. Calumet Civil Contractors, Inc. (NFP)
49A05-1305-PL-232
Civil plenary. Affirms grant of summary judgment as to liability, reverses entry of summary judgment on damages and remands for proceedings.

Thomas Roberts v. State of Indiana (NFP)
49A02-1304-CR-356
Criminal. Affirms denial of motion to modify 55-year sentence for conviction of murder.

Mark Gregory v. State of Indiana (NFP)
48A02-1302-PC-198
Post-conviction. Affirms denial of post-convcition relief from a 55-year executed sentence for conviction of multiple counts of burglary and theft reimposed after a violation of probation under a previously granted sentence modification.

David Kifer v. State of Indiana (NFP)
82A05-1302-IF-53
Infraction. Affirms Class C infraction for disregarding an automatic signal.

Victor Gutierrez v. State of Indiana (NFP)
02A04-1302-CR-63
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Health Department (NFP)
44A03-1303-MI-107
Miscellaneous. Affirms trial court’s entry of final judgment in favor of the LaGrange County Health Department on an action to compel the department to certify a septic system was functioning satisfactorily.

Jose Contreras v. State of Indiana (NFP)
49A04-1303-CR-112
Criminal. Affirms 20-year executed sentence for conviction of Class A felony dealing in methamphetamine, Class C felony possession of narcotic drug and a firearm, and Class D felony possession of marijuana.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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

  3. 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

  4. 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.

  5. 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.

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