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Opinions Sept. 24, 2013

September 24, 2013
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Opinions  Sept 24, 2013

Indiana Court of Appeals

Jerome Milian v. State of Indiana
79A02-1302-CR-197
Criminal. Affirms trial court denial of Jerome Milian’s pro se motion to withdraw his plea of guilty to Class A felony dealing cocaine. The court concluded that Milian, who was represented at his pro se hearing by stand-by counsel, received multiple advisements and admonishments from the trial court regarding his rights, and in particular, his right to representation by counsel. Milian failed to meet his burden of proving that he was subjected to manifest injustice.

Indiana Commissioner of Insurance Stephen W. Robertson, on Behalf of the Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)
49A04-1212-CT-652
Civil tort/medical malpractice. Reverses the trial court’s award of $465,000 in damages and remands with instructions to clarify the amount of total damages, the set off for $550,000 in awards received in settlements with other defendants and what damages, if any, were awarded for William Troy Clark’s lost-earning capacity.

In the Matter of the Supervised Estate of Violet Whitaker, Deceased, Stephen Whitaker and Damian Whitaker v. Ferdinand Clervi, Personal Representative (NFP)
49A02-1212-EU-1022
Estate. Affirms probate court order approving the verified closing statement for the estate of Violet Whitaker.

In the Matter of A.S.G., A.M.G., S.T.B., and A.G.B., Children Alleged to be Children in Need of Services, B.G., Mother, and S.B., Father v. Indiana Department of Child Services (NFP)
02A03-1304-JC-158
Juvenile. Affirms trial court determination that A.S.G, A.M.G., S.T.B and A.G.B. are children in need of services.

Ervin McClung v. State of Indiana (NFP)
27A02-1302-CR-134
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness and Class B misdemeanor battery.

A.T. v. State of Indiana (NFP)

49A02-1212-JV-980
Juvenile. Affirms adjudication of delinquency for committing what would be Class C felony child molesting if committed by an adult.

Kevin Cortez Brown v. State of Indiana (NFP)
45A03-1212-CR-543
Criminal. Affirms conviction of murder and habitual offender.

Angela R. Reed v. Sally L. Ashcraft (NFP)
02A03-1301-PO-23
Protective order. Affirms dismissal of protection order Angela Reed received against Sally Ashcraft.
 
Reverse Mortgage Solutions, Inc., v. The Supervised Estate of Richard C. Holman (NFP)
29A05-1212-ES-660
Estate. Affirms probate court order denying Reverse Mortgage Solutions’ motion to vacate its prior order granting the successor personal representative’s petition to approve the sale of the real estate and close the supervised estate of Richard Holman.

Dillon Grissell v. State of Indiana (NFP)
90A02-1304-CR-302
Criminal. Affirms three-year sentence for conviction of Class D felony theft.

Nancy Harney v. Denny's Restaurant, Inc., B.R. Associates, Inc., and Citizens Bank of Michigan City Indiana (NFP)
84A05-1304-CT-184
Civil tort. Reverses grant of summary judgment in favor of Denny’s and co-defendants and remands with instructions to dismiss for lack of subject matter jurisdiction.

John Aikman v. City of Indianapolis (NFP)
49A04-1209-OV-470
Local ordinance violation. Affirms a trial court injunction barring John Aikman from owning or caring for animals in Marion County after numerous dogs were seized from his home for violations of Chapter 531 of the Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana.

Joseph Prewitt v. State of Indiana (NFP)
36A01-1302-CR-85
Criminal. Affirms revocation of in-home detention.

John E. Wall v. State of Indiana (NFP)
56A03-1211-CR-508
Criminal. Affirms conviction of Class C felony nonsupport of a dependent.

Shawn Rigsby v. State of Indiana (NFP)
02A03-1304-CR-120
Criminal. Reverses sentence that includes a 1999 habitual offender enhancement, which followed a prior sentence that included a habitual offender enhancement, and remands to the trial court with instructions for resentencing that does not include consecutive habitual offender sentences.

Indiana Tax Court
The following opinion was issued after IL deadline Monday.
Shelby County Assessor v. CVS Pharmacy, Inc. #6637-02

49T10-1112-TA-96
Property Tax. Affirms final determination of the Indiana Board of Tax Review for the assessment of a CVS drugstore in Shelbyville at about $2.375 million in 2007 and about $2.46 million for 2008. The assessor’s argument that a sale-leaseback contract’s rental agreement of $27.20 per square foot should have resulted in an assessment of about $3.77 million could not overcome the board’s finding that CVS presented evidence of probative value that it used such contracts as a means to generate additional business capital, and that the assessor’s approach likely captured more than the real value of the property. The court held that the assessor essentially asks the court to reweigh evidence, which it may not do.

Indiana Supreme Court issued no opinions before IL deadline Tuesday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.

 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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