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Opinions Sept. 30, 2014

September 30, 2014

Indiana Supreme Court
Gersh Zavodnik v. Irene Harper
49A04-1307-PL-316
Civil plenary. Denies transfer to Zavodink’s appeal of the dismissal of his appeal for failure to file a timely brief and appendix. Offers guidance to courts on how to deal with prolific, abusive litigants.

Indiana Court of Appeals
William Remy v. State of Indiana
48A02-1310-CR-857
Criminal. Affirms convictions and sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class D felony performing sexual conduct in the presence of a minor. The admission of pornographic images at Remy’s trial was erroneous, but amounts to a harmless error, and his sentence is not inappropriate.

Calvin Hair v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2003-1
49A04-1404-MF-188
Mortgage foreclosure. Reverses denial of Hair’s motion to set aside a default judgment for foreclosure entered in favor of Deutsche Bank. Remands for further proceedings to address Hair’s judgment lien against a Talbott Street property.  The judgment obtained by the bank was void as to Hair for lack of personal jurisdiction, resulting from ineffectual service of process.

YTC Dream Homes, Inc., et al. v. DirectBuy, Inc., et al.
45A03-1312-PL-467
Civil plenary. On interlocutory appeal, reverses the denial of YTC Dream Homes’ and other appellants’ pro hac vice petitions. Remands with instructions to grant the attorneys pro hac vice admission. The trial court misinterpreted Lake County Local Rule 5(C) in denying the petitions. The petitions filed on behalf of the attorneys contained the requisite information mandated by Rule 3(2)(a) of the Indiana Rules for Admission and Discipline.  

In re the Visitation of A.D. and B.D., Candy Miller v. Abby Dickens
69A05-1401-DR-39
Domestic relation. Affirms denial of grandmother’s grandparent visitation petition after finding she had neither met her burden to rebut the presumption accorded to mother as a fit parent nor her burden to show that visitation was in the children’s best interests.

Travelers Casualty and Surety Company of America, et al v. Maplehurst Farms, Inc., et al
49A02-1311-PL-965
Civil plenary. Reverses summary judgment in favor of Maplehurst. The trial court erred when it determined that Travelers Casualty was liable for expenses Maplehurst allegedly incurred after it gave Travelers notice of the insurance claim.

Peter Griffith v. State of Indiana
48A02-1310-CR-909
Criminal. Affirms conviction and sentence for Class C felony battery by means of a deadly weapon. The trial court did not abuse its discretion in excluding certain evidence and Griffith’s sentence is not inappropriate. Judge Barnes dissents with separate opinion.

Raymond P. Dick v. State of Indiana (NFP)
15A01-1312-CR-554
Criminal. Affirms sentence following guilty plea to Class D felony voyeurism and Class C felony attempted child exploitation.

Derrick Zinerman v. State of Indiana (NFP)
49A02-1402-CR-81
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of S.G., minor child, and K.G., the mother, and S.L., the father, K.G. v. Indiana Department of Child Services (NFP)
79A02-1403-JT-194
Juvenile. Affirms termination of parental rights.

Craig Hatchett v. State of Indiana (NFP)
49A02-1402-CR-88
Criminal.  Affirms conviction of Class B felony dealing in cocaine.

Kufanyo Brooks v. State of Indiana (NFP)
79A02-1403-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.

Larry Troiani v. State of Indiana (NFP)
13A01-1402-CR-81
Criminal. Affirms sentence for convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.

Breanne H. Rice v. State of Indiana (NFP)
49A02-1401-CR-12
Criminal.  Affirms conviction of Class C felony promoting prostitution.

John B. Sirbu v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adj. Ctr. (NFP)
93A02-1401-EX-23
Agency action.  Dismisses Sirbu’s appeal of the denial of his request for reinstatement of his appeals to the Unemployment Insurance Review Board on two determinations of eligibility for unemployment benefits.

In re the Visitation of A.D. and B.D., Candy Miller v. Abby Dickens
69A05-1401-DR-39
Domestic relation. Affirms denial of grandmother’s grandparent visitation petition after finding she had neither met her burden to rebut the presumption accorded to mother as a fit parent nor her burden to show that visitation was in the children’s best interests.

Russell Murrain v. State of Indiana (NFP)
54A04-1403-CR-93
Criminal.  Affirms order that Murrain serve the remaining 1,075 days of his previously suspended sentence after violating his probation.

Anessa B. Bennett v. State of Indiana (NFP)
20A05-1307-PC-339
Post conviction. Affirms denial of petition for post-conviction relief.

Jamie M. Curtsinger v. State of Indiana (NFP)
21A04-1312-CR-645
Criminal. Affirms conviction of Class A misdemeanor intimidation.

K.T. v. State of Indiana (NFP)
20A03-1311-JV-453
Juvenile. Affirms denial of motion for relief from judgment regarding K.T.’s 1996 delinquency adjudication for what would have been Class C felony child molesting if committed by an adult.

Raymond Ryan Marling v. State of Indiana (NFP)
40A01-1403-CR-109
Criminal. Affirms convictions and sentence for possession of cocaine with intent to deliver, a class B felony; possession of a Schedule IV controlled substance, a class D felony; two counts of possession of a legend drug, class D felonies; unlawful possession of a syringe, a class D felony; and possession of a handgun by a felon, a class C felony.

Charles C. Wood v. State of Indiana (NFP)
49A05-1310-CR-514
Criminal.  Dismisses appeal of the denial of Wood’s motion for earned reformative educational credit time.

Gordon Lee Peak v. State of Indiana (NFP)
48A02-1312-CR-992
Criminal. Affirms revocation of probation.

Tarainka A. Cain v. State of Indiana (NFP)
02A03-1402-CR-63
Criminal.  Affirms conviction of Class B felony aggravated battery and vacates convictions of Class D felony criminal recklessness, Class A misdemeanor battery and Class C felony criminal recklessness because those three convictions are supported by the same alleged act.
 

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