Opinions Sept. 4, 2012

September 4, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Nathan S. Berkman v. State of Indiana
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Hood's Gardens, Inc. v. Jason Young, Craig Mead d/b/a Discount Tree Excavation a/k/a D & E Tree Extraction
Civil plenary. Reverses dismissal of Hood’s Gardens’ declaratory judgment action involving Craig Mead, Jason Young and D&E Tree Extraction seeking to not have to pay workers’ compensation benefits to Young. The exclusivity provisions of the Worker’s Compensation Act did not give the board exclusive jurisdiction to decide the simple contract construction issue raised in the trial court by HG. Remands for further proceedings.
Tommi Emerson Winn v. State of Indiana
Criminal. Reverses denial of Winn’s motion for bail bond reduction. While the severity of the 13 charges supports setting the bail at $25,000, the absence of any other factors to suggest Winn is a flight risk means the court should have granted his request to deposit an amount not less than 10 percent of bail under I.C. 35-33-8-3.2(a). Judge Brown concurs in part.

Heather N. Kesling v. Hubler Nissan, Inc.
Civil tort. Reverses summary judgment to Hubler Nissan on Kesling’s Indiana Deceptive Consumer Sales Act, Indiana Crime Victims Relief Act, and fraud claims. There is a genuine issue of material fact as to whether Hubler made a representation that the car was safe to operate. Judge Friedlander dissents.

Dennis J. Rodenberg v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.


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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.