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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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