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Opinions Sept. 9, 2010

September 9, 2010
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Indiana Supreme Court
Matter of the Estate of Harry L. Rickert
18S04-1002-CV-118
Civil. Reverses judgment in favor of Taylor, who was Rickert’s power of attorney, that she receive the money from accounts in which she was a joint holder. The presumption is that Taylor’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money. Remands with direction to order restoration to the estate of bank accounts owned of record by Rickert and Taylor that were created through use of Taylor’s power of attorney from Rickert and lacking any support documentation indicating participation by Rickert.

Indiana Court of Appeals
Mark Kinsel v. Robert and Dolores Schoen
25A05-0910-CV-615
Civil. Affirms denial of Kinsel’s motion to correct error following a judgment in favor of the Schoens for damages and injunctive relief against Kinsel for negligence, nuisance, and trespass. The trial court correctly determined the common enemy doctrine doesn’t apply and Kinsel may be held liable for his leaking pond.

Robert C. Bergstrom, Jr. v. State of Indiana
92A05-1003-IF-170
Infraction. Dismisses appeal because Bergstrom failed to timely file his notice of appeal within 30 days from the date his motion to correct error was deemed denied. Bergstrom did not file his notice of appeal until March 4, 2010, which, while within 30 days from the date the trial court issued an order denying Bergstrom’s motion to correct error, was not within 30 days from the date his motion was deemed denied under Indiana Trial Rule 53.3(A).

Wolverine Mutual Insurance Company v. Jeremy Oliver
20A03-1003-SC-162
Small claim. Affirms judgment in favor of Oliver in an action against him arising from an uninsured motor vehicle accident. The relaxed rules in the small-claims setting in Indiana, coupled with the provision in S.C.R. 4(A) that places the statute of limitations at issue without the need for the defendant to raise it, allows a small-claims court to decide a case based upon the statute of limitations where the defendant failed to raise or mention it at trial, but the matter was discussed during trial.

Thomas C. Temperly v. State of Indiana
49A02-1001-CR-52
Criminal. Remands with instructions to vacate the Class A misdemeanor conviction and sentence for operating a vehicle while intoxicated and enter judgment and an appropriate sentence for Class A misdemeanor operating with a blood alcohol content of 0.15 or more. There was insufficient evidence Temperly operated his vehicle while intoxicated in a manner that endangered a person. Finds the consensual chemical test was reasonable under the state and federal constitutions. The BAC evidence was validly obtained pursuant to Indiana Code Section 9-30-7-3, complied with the requirements of I.C. Section 9-30-6-2, and was admissible in Temperly’s prosecution under Chapter 9-30-5

Steve Brown v. State of Indiana (NFP)
49A02-1002-PC-227
Post conviction. Affirms denial of petition for post-conviction relief.

Wilfred V. Rhea, III v. State of Indiana (NFP)
82A01-0910-CR-485
Criminal. Vacates conviction of operating a vehicle with a BAC of at least 0.08 but less than 0.15 as a Class C misdemeanor. Remands for further proceedings.

M.S., Alleged to be C.H.I.N.S.; J.F. v. I.D.C.S. (NFP)
42A01-1001-JC-32
Juvenile. Affirms adjudication of M.S. as a child in need of services.

Ricardo A. Telfer v. State of Indiana (NFP)
20A05-1001-CR-106
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

David D. Lewis v. State of Indiana (NFP)
49A02-1002-CR-139
Criminal. Affirms the search warrant issued justified the search that turned up the drugs and affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana. Reverses conviction of Class C felony possession of cocaine and a firearm and remands to the trial court with instructions to vacate it and the sentence.

Fred Mott v. Ed Buss, et al. (NFP)

46A04-1003-SC-170
Small claim. Affirms dismissal of Mott’s small-claims action.

State of Indiana v. Charles Boyle (NFP)
49A05-0911-PC-627
Post conviction. Reverses order granting Boyle’s petition to modify his conviction of operating a motor vehicle while a habitual traffic violator as a Class D felony to a Class A misdemeanor.

Courtney E. Terhune v. State of Indiana (NFP)
49A02-1003-CR-228
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Kevin D. Duncan v. State of Indiana (NFP)
49A02-1003-CR-244
Criminal. Affirms conviction of Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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