Indiana’s longest-serving attorney will retire from practice at 96
Alexis “Alex” Thomas Cholis is winding down his law practice. More than 70 years after admission to the bar, he’s decided it’s time.
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Indiana Court Decisions – Feb. 20 to March 5, 2013
Read recent appellate decisions from Indiana courts.
Opinions March 11, 2013 ILD
Indiana Court of Appeals
John Brewer v. Cathy Jo Bowman (NFP)
49A02-1208-CT-681
Civil tort. Affirms trial court’s ruling that an automobile was a valid inter vivos gift to Bowman.
Town of Clarksville, Indiana v. Chris Conte and Mary Ann Conte (NFP)
10A05-1202-CT-105
Civil tort. Vacated the judgment of the trial court and remanded with instructions. Ruled the trial court’s findings were not sufficient to support the judgment that the town had a duty, it breached that duty, the Contes’ injury was caused by the town’s breach, and the damages of $28,644.47 with post-judgment interest of 8 percent were appropriate.
In Re The Guardianship of J.M.: Christina M. Martin (Kibalko) v. William P. Hitch and Georgia L. Hitch (NFP)
82A04-1205-GU-272
Guardianship. Affirms the trial court’s denial of the mother’s petition to terminate the guardianship. Reverses and remands with instructions the trial court’s order that the mother reimburse the guardians for $1,000 paid to the guardian ad litem.
Mark A. Salisbury v. State of Indiana (NFP)
17A03-1209-PC-373
Post conviction. Affirms the post-conviction court’s finding that Salisbury’s plea was knowingly, intelligently, and voluntarily entered into because he had effective assistance of trial counsel.
Gregory Leech v. State of Indiana (NFP)
49A02-1207-CR-559
Criminal. Affirms convictions of trespass, a Class A misdemeanor; and battery, a Class B misdemeanor.
Martin Reyes v. State of Indiana (NFP)
46A03-1206-PC-261
Post conviction. Affirms post-conviction court’s denial of Reyes’ request for post-conviction relief on the grounds his trial counsel was effective.
Dustin James Mahler v. State of Indiana (NFP)
45A03-1208-CR-369
Criminal. Affirms conviction of battery, Class A misdemeanor. Ruled the incomplete jury instruction defining Class A misdemeanor battery did not result in fundamental error.
Darvin McCallister v. State of Indiana (NFP)
87A05-1208-CR-443
Criminal. Affirms trial court’s denial of McCallister’s motion to set aside his guilty pleas for possession of methamphetamine and possession of a controlled substance, both Class D felonies.
Carlos Ulloa v. State of Indiana (NFP)
49A02-1206-CR-463
Criminal. Affirms convictions of two counts of dealing in cocaine, each as a Class A felony, and one count of dealing in cocaine, as a Class B felony. Finds the trial court did not err in denying Ulloa’s motion for discharge pursuant to Criminal Rule 4(B) when he was not brought to trial within 70 days of his pro se request for a speedy trial.
Term. of the Parent-Child Rel. of D.L., minor child, and D.S., mother: D.S. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A05-1206-JT-305
Termination of parental rights. Affirms juvenile court’s judgment terminating mother’s parental rights. Finds no error in the lower court’s conclusions that the conditions leading to D.L.’s removal are unlikely to be remedied and the termination of mother’s parental rights is in the minor’s best interests.
Michael Porter v. State of Indiana (NFP)
34A02-1210-CR-840
Criminal. Affirms conviction of operating a vehicle with an alcohol concentration equivalence of 0.08 or more, a Class C misdemeanor.
Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions March 11, 2013
Indiana Court of Appeals
Bay Colony Civic Corporation v. Pearl Gasper Trust and Bruce F. Waller
49A05-1207-PL-365
Civil plenary. Reverses trial court ruling in favor of Gasper and Waller, holding that a public easement to a reservoir also grants access to the water and not just to the land adjacent to the water, and that a neighborhood association did not violate its bylaws by spending money to improve access to the lake for residents. Remands to the trial court to grant the association’s motion for partial summary judgment.
Court affirms reduction of support ordered in another state
A court order reducing a father’s child support obligation from that set by a Pennsylvania court was affirmed Monday by the Indiana Court of Appeals.
Humane Society, ASPCA target confined-hunting bill
Two-legged and four-legged lobbyists will head to the Indiana Statehouse on Tuesday to oppose a bill that would lift a ban on hunting animals in fenced areas.
Ruling: Easement to Eagle Creek indeed leads to water
A trial court ruling that forbid residents of a lakefront subdivision from accessing the water from a public easement was overturned Monday by the Indiana Court of Appeals.
Indiana bar exam may change test topics
Hopeful attorneys who take the Indiana bar exam in 2016 may no longer have to write essays on commercial law, personal property, and taxation based on proposed changes from the Indiana Board of Law Examiners.
Indy archdiocese can’t collect sex-abuse legal fees from insurer
An insurance company won’t have to pay the Roman Catholic Archdiocese of Indianapolis’ legal fees and costs associated with defending claims of sexual abuse.
Opinions March 8, 2013 ILD
Indiana Court of Appeals
Cheryl L. Schlimpert v. Timothy M. Schlimpert (NFP)
71A03-1206-DR-297
Domestic relations. Dismisses, concluding wife did not file a timely appeal.
Clark Sales & Service, Inc. v. John D. Smith and Ferguson Enterprises, Inc. (NFP)
49A04-1208-PL-387
Civil plenary. Reverses and remands on interlocutory appeal a preliminary injunction granted to Clark’s based on terms of a non-disclosure agreement.
In the Matter of the Supervised Estate of George Lee Coon, Mark A. Coon v. Allen W. Coon, Donald L. Moster, Jr., and Beverly S. Moster (NFP)
70A01-1208-ES-384
Estate. Affirms summary judgment and concludes that evidence of a postnuptial agreement was properly admitted.
Davion Peterson v. Sandra Owen (NFP)
49A02-1207-PO-596
Protection order. Affirms Owen’s protection order.
Curtis Porter v. State of Indiana (NFP)
49A05-1204-CR-191
Criminal. Affirms conviction and 40-year sentence for Class A felony child molesting.
Ivan Gonzalez v. State of Indiana (NFP)
43A03-1207-CR-334
Criminal. Affirms convictions of two counts of Class D felony intimidation and a count of Class B misdemeanor visiting a common nuisance.
Oo Aka v. State of Indiana (NFP)
49A02-1207-CR-560
Criminal. Affirms convictions of Class D felony and a Class A misdemeanor domestic battery.
Andrew Abbott v. State of Indiana (NFP)
33A01-1201-CR-16
Criminal. Affirms conviction of Class D felony receiving stolen property, but remands to the trial court for proceedings to recalculate pretrial detention credit for time served.
Gateway West Townhouse Association, Barry J. Stern and Judy C. Stern v. Metropolitan Development Commission of Marion County v. SF Industrial Properties-Indianapolis, LLC (NFP)
49A02-1208-MI-680
Miscellaneous/zoning. Affirms trial court dismissal of a petition for judicial review of a zoning variance granted to SF Industrial.
Allen G. Parker v. State of Indiana (NFP)
49A02-1206-CR-503
Criminal. Affirms convictions of murder, robbery and confinement.
Jamie Farmer v. State of Indiana (NFP)
09A04-1208-CR-448
Criminal. Affirms conviction and sentence for Class B felony dealing in a schedule II controlled substance.
Scott Rose v. J.Z. and J.Z. (Adoptive Parents) (NFP)
32A05-1207-AD-361
Adoption. Affirms trial court denial of motion to set aside adoption decree.
Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group Inc./Ticor Title Insurance Co. v. The Ross Group Inc., Benito Gamba, Hilda Gamba, et al. (NFP)
45A03-1202-PL-92
Civil plenary. Reaffirms in rehearing prior ruling that the Gamba interests are liable for a construction-cost overage.
J.W.S. v. State of Indiana (NFP)
20A04-1207-JV-373
Juvenile. Affirms adjudication as a juvenile delinquent for what would have been a Class D felony conviction of criminal gang activity if committed by an adult.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeal issued no Indiana decisions by IL deadline.
Gingerich reversal won’t get high court review
A boy believed to be the youngest person convicted as an adult in Indiana will get a fresh start in juvenile court after the Indiana Supreme Court let stand a reversal of his conviction.
2 Indianapolis attorneys charged with felonies
Two Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
Opinions March 8, 2013
Indiana Court of Appeals
In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
45A03-1111-PL-547
Civil plenary. Affirms summary judgments in favor of Teibel, Grimmer and Lindsay, holding that Garrard had waived all issues on appeal and failed to show an issue of material fact existed. The court also warned Garrard about language in pleadings that disparaged other parties to the litigation and the bench.
Separate notice argument not enough to vacate small claims judgment
A business’s argument that it should have been served with a separate notice of a small claims action was rejected by the Indiana Court of Appeals Friday.
Southern District Bankruptcy Court to cease certain Chapter 13 notices
The Bankruptcy Court for the Southern District of Indiana will no longer issue notices of impending closure without discharge in Chapter 13 cases.
Lake County man warned against disparaging bench
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
Gingerich reversal won’t get high court review
The Indiana Supreme Court will let stand the reversal of a trial court’s adult conviction and 25-year executed sentence for Paul Henry Gingerich, who was 12 at the time he and an older boy shot and killed a Kosciusko County man.
Opinions March 7, 2013 ILD
Indiana Court of Appeals
In Re The Matter of K.W. and B.W., Children in Need of Services: A.W. v. Indiana Dept. of Child Services (NFP)
32A05-1210-JC-537
Juvenile. Affirms court’s approval of K.W. and B.W. relocating with maternal grandparents to Wisconsin after they were placed with the grandparents following being adjudicated as children in need of services.
Dale Hite v. State of Indiana (NFP)
75A03-1208-CR-355
Criminal. Affirms two convictions of Class B felony law enforcement and sentence.
Kenneth Hunter v. Deborah Goodrich and Paul Goodrich (NFP)
07A05-1205-GU-244
Guardianship. Affirms denial of the Hunters’ petition to remove the Goodriches as P.G.’s guardian and name them as P.G.’s successor guardians.
Q.P. v. State of Indiana (NFP)
79A02-1207-JV-609
Juvenile. Affirms order awarding wardship of Q.P. to the Indiana Department of Correction for housing in a correction facility for children.
Indiana Public Employee Retirement Fund (PERF) v. Robert O. Effner (NFP)
84A05-1208-MI-410
Miscellaneous. Reverses award of PERF benefits to Effner to a date more than four years before he applied for benefits. Remands for proceedings consistent with the opinion.
Victor Ponce v. State of Indiana (NFP)
20A04-1208-PC-396
Post conviction. Affirms denial of petition for post-conviction relief.
Imani Clark v. State of Indiana (NFP)
49A02-1208-CR-630
Criminal. Affirms revocation of probation.
In the Matter of the Termination of the Parent-Child Relationshp of: A.A., S.T., and C.P.; and A.A. v. The Indiana Department of Child Services (NFP)
49A02-1206-JT-511
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 7, 2013
Indiana Supreme Court
In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
41S01-1209-MI-556
Miscellaneous. Rules despite the trial court’s ample “best interests” findings, the lack of findings on the other three factors, both standing alone and as compounded by the extensive visitation awarded without those necessary findings, violates Mother’s fundamental right to direct M.L.B.’s upbringing. Remands for a new entry of findings and conclusions revealing the court’s consideration of all four McCune/K.I. factors, without a new hearing.
Man’s conviction of auto theft upheld
Although a trial court’s refusal to give a defendant’s jury instruction was an error, it was harmless and his felony auto theft conviction should be affirmed, the Indiana Court of Appeals ruled.