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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. 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?

  2. 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

  3. 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.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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