Opinions Sept. 9, 2010

September 9, 2010
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Indiana Supreme Court
Matter of the Estate of Harry L. Rickert
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
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
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
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
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)
Post conviction. Affirms denial of petition for post-conviction relief.

Wilfred V. Rhea, III v. State of Indiana (NFP)
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)
Juvenile. Affirms adjudication of M.S. as a child in need of services.

Ricardo A. Telfer v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

David D. Lewis v. State of Indiana (NFP)
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)

Small claim. Affirms dismissal of Mott’s small-claims action.

State of Indiana v. Charles Boyle (NFP)
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)
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Kevin D. Duncan v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.