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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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