Opinions Oct. 5. 2010

October 5, 2010
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Indiana Supreme Court
Wayne D. Kubsch v. State of Indiana
Post-conviction. Affirms judgment of the post-conviction court. Kubsch appeals, raising several issues for review, nine of which are waived because they were known and available at the time of Kubsch’s direct appeal and another three issues are barred because of the doctrine of res judicata. Regarding claims the prosecutor failed to disclose exculpatory evidence, rules information was not material and he failed to establish the nine requirements for obtaining a new trial due to newly discovered evidence so his Brady v. Maryland, 373 U.S. 83 (1963), claim fails. Also rules Kubsch failed to demonstrate that counsel rendered ineffective assistance.

Term. of Parent-Child Rel. of I.A.; J.H. v. IDCS
Juvenile. Reverses involuntary termination of parental rights of father, J.H., because the evidence did not prove there is a “reasonable probability” that the reasons for I.A.’s placement outside father’s home will not be remedied or that continuation of the parent-child relationship poses a threat to the child’s well-being. Justice Boehm dissents.

In the Matter of Paternity of P.S.; B.S. v. L.S. & G.D.
Juvenile. Rules the trial court did not abuse its discretion in denying father’s motion for relief from judgment.

Indiana Department of State Revenue v. Belterra Resort Indiana, LLC
Tax. Rules a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax. At issue was whether the transfer of the riverboat from the parent company to its subsidiary corporation was a retail transaction under Indiana Code section 6-2.5-3-2(a).

Indiana Court of Appeals
Nevin Brooks v. State of Indiana
Criminal. Affirms conviction of and 55-year sentence for felony murder. Notes the trial court considered Brooks’ age in fashioning the sentence imposed and also considered Brooks’ criminal history. Rules that given the nature of the offense and the character of the offender, the sentence imposed by the trial court is not inappropriate.

State of Indiana v. Amanda Renzulli

Criminal. Affirms trial court’s suppression of evidence obtained after a traffic stop of Renzulli. Judge Bradford dissents, believing police officers had reasonable suspicion.

Tyra L. Brooks v. Larry D. Brooks (NFP)
Civil. Affirms trial court’s dissolution decree.

David Ramos v. Robert W. James and David Hoover (NFP)
Civil tort. Affirms trial court’s grant of summary judgment in favor of David Hoover.

Term. of Parent-Child Rel. of B.D.; G.D. v. IDCS (NFP)
Juvenile Termination. Affirms involuntary termination of parental rights.

Mardi Clemens v. Daniel Clemens (NFP)
Domestic Relation. Concludes the trial court committed error by ordering the wife to pay damages to the husband equal to the amount of the death benefits of the first life insurance policy surrendered by her. Remands for the trial court to adjust its order so that the wife pays to husband the amount that wife received when she liquidated the policy plus any interest that has accrued.

Debra L. Walker v. David M. Pullen (NFP)
Civil tort. Affirms trial court’s grant of Pullen’s motion to correct error after a jury verdict.

William Moore v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

David Likens v. State of Indiana (NFP)
Criminal. Affirms conviction of and 10-year sentence for Class B felony battery.

Kristopher G. Runkle v. State of Indiana (NFP)
Criminal. Affirms conviction of and 4-year sentence for Class D felony residential entry and Class A misdemeanor battery resulting in bodily injury.

Angel L. Highbaugh v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony domestic battery.

Robert Lavaugh Ackles v. State of Indiana (NFP)
Criminal. Affirms 36-month sentence – 24 months executed, 12 months suspended – after guilty plea to Class D felony operating a vehicle with an alcohol concentration equivalent of at least 0.15, and failure to yield right-of-way to emergency vehicle and operating a vehicle without financial responsibility, both as a Class A infraction.

Thomas L. White v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated but remands for the trial court to issue a new sentencing order and abstract of judgment regarding his second conviction of OWI to reflect that this conviction is merged with Count I.

Roderick L. Ensley v. State of Indiana (NFP)
Criminal. Affirms in part, reverses in part, and vacates. Rules the trial court did not abuse its discretion in admitting the evidence discovered during the search. Also concludes the evidence was insufficient to support Ensley’s conviction of Class D felony possession of cocaine so reverses that conviction and directs the trial court to vacate the conviction and the attendant sentence.

The Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.