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Court cites fishy documents in reversing support order

A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.

Opinions Dec. 28, 2012 ILD

The 7th Circuit Court of Appeals issued no Indiana opinions, and the Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

Indiana Court of Appeals
Ricky Jester v. State of Indiana (NFP)
82A01-1203-CR-141
Criminal. Affirms trial court’s denial of Jester’s motion for correction of erroneous sentence.

Johnny C. Horton v. State of Indiana (NFP)
49A05-1206-PC-316
Post Conviction Relief Petition. Affirms the denial of Horton’s petition for post-conviction relief.

State of Indiana v. Elvis Holtsclaw (NFP)
49A02-1108-CR-743
Criminal. Finds no abuse of discretion and affirms trial court’s suppression of breath test evidence

Michael Watson v. State of Indiana (NFP)
49A02-1206-CR-443
Criminal. Affirms 90-year sentence. Concludes that trial court did not abuse its discretion in instructing the jury that it could not disregard the law for any reason during the guilt phase of Watson’s trial and that Watson failed to show his sentence is inappropriate.

In Re the Term. of the Parent-Child Rel. of K.K.; R.I. v. The Indiana Dept. of Child Services (NFP)
18A02-1205-JT-434
Juvenile Termination of Parental Rights. Affirms order involuntarily terminating father’s parental rights.

Steven McIntyre v. State of Indiana (NFP)
28A04-1207-PC-377
Post Conviction Relief. Affirms the post-conviction relief court’s judgment in granting the state’s motion to correct error and deny McIntyre’s request for relief

Alexander A. Lopez v. State of Indiana (NFP)
63A04-1201-CR-35
Criminal. Affirms conviction of Class A misdemeanor dealing in marijuana.

State of Indiana v. Blake Lodde (NFP)
79A02-1206-CR-496
Criminal. Reverses the granting of the motion to suppress evidence gathered when Lodde was pulled over and remands for further proceedings.

William Holly v. State of Indiana (NFP)
52A04-1109-MI-492
Miscellaneous. Affirms trial court’s grant of summary judgment in favor of the state of Indiana.

Jesus Torres v. State of Indiana (NFP)
49A05-1205-CR-233
Criminal. Affirms the trial court’s judgment to send an audiotape back to the jury during deliberations. The tape recorded Torres’ conversations with his granddaughter about him molesting her.

Randell Vandeventer v. State of Indiana (NFP)
28A04-1205-CR-242
Criminal. Affirms Vandeventer’s conviction of three counts of Class C felony child molesting and aggregated sentence of 21 years.

Guy Cummings v. State of Indiana (NFP)
49A02-1205-CR-430
Criminal. Affirms conviction of Class D felony theft, finding evidence was sufficient.

Mark Sexton v. State of Indiana (NFP)
49A02-1204-CR-282
Criminal. Affirms Sexton’s habitual-offender enhancement after his felony convictions. Finds the trial court did not abuse its discretion in finding good cause to allow the state to file the habitual-offender information more than 10 days after the omnibus date.

Rebecca J. Bartle v. Jackson Street Investors, LLC as Assignee of Paul E. Turner (NFP)
29A05-1205-CC-246
Civil Collection. Reverses trial court’s granting Jackson Street’s motion for summary judgment and remands for further proceedings.

Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group, Inc., Ticor Title Ins. Co. v. The Ross Group, Inc., Benito Gamba, HIlda Gamba and Gamba Real Est. Holdings (NFP)
45A03-1202-PL-92
Civil Plenary. Affirms in part, reversed in part and remanded. Concludes trial court did not err in holding Gamba responsible for the construction cost overage but reverses on the issues of Ticor’s right to indemnification and the amount of a subcontractor lien.

Kieth McCoy v. State of Indiana (NFP)
49A02-1206-CR-451
Criminal. Dismisses McCoy’s appeal for lack of jurisdiction. Finds the denial of the motion to lift the no-contact order was not a final appealable order and McCoy has not properly preserved this issue for appeal.

Quintez Deloney v. State of Indiana (NFP)
22A01-1204-CR-153
Criminal. Affirms Deloney’s consecutive, executed sentences of eight years for Class C felony robbery and 30 years for Class A burglary.

Manuel J. Silva v. State of Indiana (NFP)
02A03-1204-CR-190
Criminal. Affirms conviction of murder, finding the evidence was sufficient to rebut Silva’s self-defense claim.

In Re The Adoption of C.H.; M.W. v. B.H. and V.H. (NFP)
85A02-1205-AD-449
Adoption. Affirms trial court’s post-hearing order concluding that M.W.’s consent to the adoption of her child, C.H., is not required under I.C. Section 31-19-9-8.

Robert R. Ashcraft v. State of Indiana (NFP)
46A03-1109-CR-396
Criminal. Affirms Ashcraft’s conviction and 21-year sentence for two counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class D felony child seduction.

Paul Marcum v. State of Indiana (NFP)
89A01-1205-CR-240
Criminal. Affirms Marcum’s 27-month sentence for his conviction of Class D felony Operation a Motor Vehicle After Suspension as a Habitual Traffic Violator.
 

Vintage Corvette belongs to the last buyer

Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.

Happy New Year!

The Indiana Lawyer daily will not be published Dec. 31 and Jan. 1 in observance of the New Year’s holiday. We wish you happy New Year!
 

Duke loses appeal of scandal-touched IURC rate case reversal

The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.

Rush robing completes Supreme Court transition

Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Friday, the third member of the five-member court appointed by Gov. Mitch Daniels.

Man argues the sentencing guidelines were applied incorrectly

A Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending on the circumstances.

Opinions Dec. 27, 2012 ILD

Indiana Court of Appeals
Thursday
John T. Brightwell v. State of Indiana (NFP)
45A03-1205-CR-218
Criminal. Reverses denial of motion to correct erroneous sentence and remands for correction.

Eric D. Smith v. State of Indiana (NFP)
49A02-1206-CR-460
Criminal. Denies Smith’s motion for leave to file an appeal and dismisses it with prejudice.

Term. of the Parent-Child Rel. of R.D. (Minor Child), and M.D. (Father) v. The Indiana Dept. of Child Services (NFP)
79A02-1205-JT-394
Juvenile. Affirms termination of parental rights.

Todd Fuller v. State of Indiana (NFP)
02A03-1205-CR-223
Criminal. Affirms 3-year sentence for Class D felony domestic battery in the presence of a child and Class A misdemeanor interference with the reporting of a crime.

Michael Craig v. State of Indiana (NFP)
49A02-1205-CR-395
Criminal. Affirms convictions of Class B felony burglary, Class D felony theft and adjudication as a habitual offender.

Lee E. Davis, Jr. v. State of Indiana (NFP)
02A04-1205-CR-241
Criminal. Affirms sentence for Class B felony robbery.

Kent A. Easley v. State of Indiana (NFP)
73A01-1207-CR-333
Criminal. Affirms denial of petition for post-conviction relief.

Donald and Jennie Walker v. Glenn Sermersheim (NFP)
29A02-1204-CC-338
Civil collections. Affirms order awarding the Walkers’ former attorney $14,800. Denies Sermersheims’ request for attorney fees.

Mark A. Guffey v. Deborah L. Guffey (NFP)
36A01-1204-DR-171
Domestic relation. Affirms denial of father’s request to modify custody and the trial court’s modification of his parenting time and child support obligation, and the finding that he owed a child support arrearage.

David Darst v. Indiana Dept. of Correction and Bruce Lemmon in his official capacity as Commissioner (NFP)
46A03-1206-CT-288
Civil tort. Reverses dismissal of Darst’s claims against the DOC, but affirms dismissal of his claim against Lemmon.

Robert J. Pearson v. State of Indiana (NFP)
84A04-1204-CR-221
Criminal. Affirms revocation of probation.

Elbert M. Jones, II v. State of Indiana (NFP)
02A04-1204-CR-216
Criminal. Affirms conviction and sentence for Class B felony robbery.

Mark Allen Pratt v. State of Indiana (NFP)
76A04-1205-CR-268
Criminal.  Affirms conviction of Class C felony child molesting.

Wednesday
Sharif Fields v. State of Indiana (NFP)
49A04-1205-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.

Billy Adams v. State of Indiana (NFP)
49A02-1205-CR-422
Criminal.  Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.

Robert D. Ratcliff v. State of Indiana (NFP)
85A05-1205-CR-248
Criminal. Affirms convictions and sentence for Class C felony burglary and Class D felony auto theft.

In Re the Paternity of C.C.M.: M.M. v. V.K.H. (NFP)
64A03-1205-JP-230
Juvenile. Reverses parenting time order and remands for a redetermination of that issue in accordance with the opinion. Affirms trial court did not abuse its discretion in declining to hold mother in contempt and order father pay a portion of mother’s attorney fees.

In Re the Involuntary Term. of the Parent-Child Rel. of K.R.: D.R. v. The Indiana Dept. of Child Services (NFP)
18A02-1202-JT-104
Juvenile. Affirms involuntary termination of parental rights.

Christopher White v. State of Indiana (NFP)
49A04-1203-PC-102
Post conviction. Affirms conviction of Class C felony fraud on a financial institution and denial of White’s petition for post-conviction relief.

Allen Clark v. State of Indiana (NFP)
49A05-1204-CR-188
Criminal. Affirms sentence for Class B felony attempted rape and Class A misdemeanor battery.

Jonathon P. Grigsby v. State of Indiana (NFP)
84A01-1205-CR-238
Criminal. Affirms reinstatement of previously suspended sentence following revocation of Grigsby’s probation.

Karl Kapanke, Universal Am-Can, Ltd., and M.C. Schmitt Trucking, Inc. v. James Stovall and Tracy Stovall (NFP)
45A03-1201-CT-12
Civil tort. Affirms judgment for the Stovalls on their claims of negligence and loss of consortium following a jury trial.

Jeffrey Adams v. State of Indiana (NFP)
48A02-1205-CR-385
Criminal. Affirms revocation of probation and execution of the remainder of Adams’ suspended sentence.
 

Opinions Dec. 27, 2012

7th Circuit Court of Appeals
United States of America v. Fairly W. Earls
11-3347
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms conviction of making a false statement on a passport application, aggravated identity theft and knowingly transferring a stolen identification document. Affirms the admission of certain evidence at Earls’ trial and finds the District Court did not err in its calculation of his offense level.

COA affirms ruling in suit brought after fatal train accident

The trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred in 2009, the Indiana Court of Appeals affirmed Thursday.