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Opinions Oct. 5. 2010

October 5, 2010
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Indiana Supreme Court
Wayne D. Kubsch v. State of Indiana
71S00-0708-PD-335
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
62S01-1003-JV-148
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.
02S03-1010-JV-518
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
49S10-1010-TA-519
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
49A04-0911-CR-651
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

32A04-1003-CR-194
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)
10A05-0909-CV-546
Civil. Affirms trial court’s dissolution decree.

David Ramos v. Robert W. James and David Hoover (NFP)
34A05-1005-CT-301
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)
02A03-1004-JT-224
Juvenile Termination. Affirms involuntary termination of parental rights.

Mardi Clemens v. Daniel Clemens (NFP)
02A03-1003-DR-118
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)
64A05-1002-CT-127
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)
49A04-1002-CR-58
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

David Likens v. State of Indiana (NFP)
49A02-1003-CR-360
Criminal. Affirms conviction of and 10-year sentence for Class B felony battery.

Kristopher G. Runkle v. State of Indiana (NFP)
05A02-1004-CR-479
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)
20A03-0911-CR-547
Criminal. Affirms conviction of Class D felony domestic battery.

Robert Lavaugh Ackles v. State of Indiana (NFP)
48A02-1002-CR-118
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)
20A05-1001-CR-38
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)
02A03-0907-CR-348
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. 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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