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Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.
Planned Parenthood has filed a lawsuit against a state law it says illegally targets a clinic in Lafayette. IBJ.com has the story.
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.
An argument that tenants of an apartment complex may not ask a drunk and threatening man to leave common areas convinced one judge, but the majority of an appeals panel found otherwise, warning that such a holding would “defy logic and lead to an absurd result.”
Opinions – Aug. 21, 2013
Indiana Court of Appeals
Dustin Trowbridge v. State of Indiana (NFP)
48A02-1205-CR-453
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of murder, rape, robbery, burglary, aggravated battery, criminal confinement, theft, auto theft, abuse of a corpse and escape.
Runyon Equipment Rental, Inc. v. Review Board of the Indiana Department of Workforce Development and Stephen Mortimore (NFP)
93A02-1302-EX-182
Agency action. Reverses Indiana Department of Workforce Development Review Board’s grant of unemployment benefits and remands to the review board, also reversing a denial of a trial court order denying Runyon’s request to present additional evidence.
John Aaron Shoultz, III v. State of Indiana (NFP)
36A01-1208-CR-359
Criminal. Affirms conviction of murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Luke Smith v. State of Indiana (NFP)
82A04-1212-CR-650
Criminal. Affirms conviction and seven-year executed sentence on a charge of Class C felony robbery.
David A. Perry v. State of Indiana (NFP)
90A05-1301-CR-24
Criminal. Affirms revocation of probation on a conviction of Class D felony possession of a controlled substance.
Marcella Mullins v. State of Indiana (NFP)
44A03-1303-CR-102
Criminal. Affirms on interlocutory appeal denial of a motion to suppress evidence gathered in a police protective sweep of her residence that resulted in charges of multiple felony methamphetamine charges and related counts.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Wednesday.
7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Wednesday.
Opinions – Aug. 21, 2013
Indiana Court of Appeals
Rodney Melton v. State of Indiana
49A02-1212-CR-1008
Criminal. Affirms conviction of Class C felony child molesting and Class D felony dissemination of matter harmful to minors, rejecting an argument that the dissemination statute requires a “performance” under that law be public. The court also found Melton’s 11-year aggregate sentence was not inappropriate in light of his character and the nature of the offense.
Despite pleading guilty to wire fraud on government charges that he took more than $4.5 million from at least 25 clients, William Conour’s public defender argues the former attorney is entitled to some $2 million in legal fees on cases other attorneys worked.
A mother who challenged a court order granting the Department of Child Services’ petitions to interview her minor children lost her appeal Wednesday, despite her argument that a DCS inspection of her home and her screening found no evidence of drug abuse that had been alleged in a complaint.
Although an Indianapolis man never harmed another individual, his persistent threats of violence were sufficient to support his involuntary commitment to a mental health facility.
A man who molested children in his home lost his appeal on the argument that showing children pornographic images on a cellphone and exposing himself to them was not a public performance.
Carroll County camp sues to block the establishment of a hog farm less than a mile from its borders which is expected to house more than 9,000 animals. IBJ.com has the story.
Indianapolis city officials have filed public nuisance charges against two west-side apartment complexes that allegedly have generated more than 3,200 police runs since 2008 for incidents such as assault, armed robbery and homicide.
Indiana Court of Appeals
Deborah D. Minnich v. William B. Minnich (NFP)
57A03-1303-DR-92
Divorce. Affirms the denial of Deborah Minnich’s request for an extension of time to complete the refinancing transaction. In her dissent, Judge Nancy Vaidik argues the trial court should have treated the wife’s motion as a Trial Rule 60(B) motion that would have enabled her to conduct discovery and present evidence. Consequently, the COA should have reversed the denial of the wife’s motion and remanded for an evidentiary hearing.
City of Bloomington v. Cheryl Underwood (NFP)
53A01-1212-OV-577
Ordinance Violation. Affirms grant of summary judgment to Underwood on the city’s ordinance violation complaint concerning her rental properties.
In the Matter of the Termination of the Parent Child Relationship of: D.W., Minor Child, D.C., Father v. The Indiana Department of Child Services (NFP)
02A05-1208-JT-425
Juvenile. Affirms termination of D.C.’s (father) parental rights to his son, D.W.
Hoosier Enterprises VII, LLC v. Diamond Vending, Inc. (NFP)
45A04-1303-SC-105
Small Claims. Affirms $6,000 judgment against Hoosier Enterprises VII for breach of contract.
Debra Barrett v. Katie Patton (NFP)
54A01-1302-CT-74
Civil Tort. Dismisses Barrett’s appeal of the trial court’s order to deny her “Trial Rule (60)(B) Motion to Set Aside Judgment of Dismissal and Motion to Substitute Party Pursuant to Trial Rule 25(D)(2). Rules the COA lacks jurisdiction because Barrett is deceased and no substitution has been made.
Joyce Ann Hawkins v. State of Indiana (NFP)
27A02-1301-PC-47
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08201302mgr.pdf
Post Conviction. Affirms denial of post-conviction relief petition, finding Hawkins has not met the requirements for newly discovered evidence that would entitle her to a new trial.
Janyer Pinto v. State of Indiana (NFP)
36A05-1301-CR-9
Criminal. Affirms conviction of operating a vehicle as a habitual traffic violator.
NFN Valance v. Brandy L. Valance (NFP)
17A03-1209-PO-380
Protection Order. Affirms issuance of a protective order against NFN Valance.
Akeem Turner v. State of Indiana (NFP)
49A02-1302-CR-131
Criminal. Affirms trial court’s revocation of Turner’s probation and order for him to serve the entirety of his previously suspended sentence.
The Indiana Supreme Court and Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions by IL deadline.
Indiana Court of Appeals
Carl J. Brandenburg v. State of Indiana
40A04-1301-CR-23
Criminal. Affirms revocation of probation for failure to pay child support after conviction of a Class C felony charge of non-support of a dependent child, but remands to the trial court for a recalculation of the arrearage. The court found that Brandenburg’s daughter had turned 21 before he was charged, and the state acknowledged uncertainty about the ruling that the arrearage was $17,795.05, rather than an amount closer to $10,000, as Brandenburg claims.
Indianapolis Metropolitan Police Department officer Keith Minch is on a roll in the appellate courts.
A southwest Indiana attorney and former Democratic candidate for Gibson County prosecutor has been allowed to resign from the bar, according to an order from the Indiana Supreme Court.
A trial court properly revoked probation of a man sentenced for non-support of a dependent child, but the Indiana Court of Appeals ordered the lower court to revise the arrearage.
Indiana Court of Appeals
Ryan A. Osowski v. State of Indiana (NFP)
46A04-1211-CR-570
Criminal. Affirms aggregate sentence of 34 years for conviction of three counts of Class B felony child molesting.
Wayne A. Wasson v. State of Indiana (NFP)
02A03-1212-CR-530
Criminal. Affirms 31 1/2-year sentence for conviction of one count of Class A felony child molesting, two counts of Class C felony child molesting, three counts of Class A misdemeanor contributing to the delinquency of a minor, and one count Class D felony sexual battery. Remands for proper assessment of fees.
Waldo Lynn Jones, Jr., v. State of Indiana (NFP)
16A04-1301-CR-12
Criminal. Affirms 65-year executed sentence for conviction of murder.
Jerry Corbier and Stephanie Corbier v. William B. Nourse and Teresa L. Nourse (NFP)
29A04-1210-SC-545
Small claims. Affirms small claims court judgment in favor of William and Teresa Nourse and award of attorney’s fees in their favor.
Yoni Solis v. State of Indiana (NFP)
49A02-1212-CR-971
Criminal. Affirms 70-year executed sentence for conviction of four counts of Class A felony child molesting and three counts of Class C felony child molesting.
Mark A. Cook v. State of Indiana (NFP)
88A01-1210-CR-468
Criminal. Affirms conviction of Class A felony attempted child molesting and Class C felony child molesting.
In the Matter of the Termination of the Parent-Child Relationship of: X.M., Minor Child, A.B., Mother v. Indiana Department of Child Services (NFP)
29A02-1212-JT-961
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Indiana Court of Appeals
Derik A. Blocker and Tammi Blocker v. U.S. Bank National Association as Trustee for the Certificateholders Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificate Series 2007-AHL3
45A03-1211-MF-479
Mortgage foreclosure. Affirms trial court grant of summary judgment to U.S. Bank, holding that no issues of material fact exist, and discards arguments that appeared to stem from “Redemptionist” movement theory claiming that debts could be settled through claims made to the United States Treasury.