IBA: Interrogatories – Candid Q&A with the Bench and Bar
Hon. Elaine B. Brown Judge, Indiana Court of Appeals
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Indiana Court Decisions – Dec. 12 TO 20, 2012
Read appellate opinions from Indiana’s courts and the 7th Circuit Court of Appeals.
McGoff: It is a new year, start creating a new ‘you’
Each year, as Jan. 1 approaches and we gaze in the mirror at the after effects of the holidays … dark circles under our eyes, too many cookies and an over-abundance of cocktail parties, we set our sights on resolutions. We vow that “this time” we are going to do it! However, the statistics show that over 80 percent of us who set New Year’s resolutions will fail.
Badger: To arbitrate or litigate, that is the question
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
Lucas: 2013 brings opportunities to effect change
As I write the first of my 2013 columns, my inclination is to put on my rose-colored glasses and look with optimism toward the year ahead. While I feel that I am truly a glass-half-full kind of gal, I am also a realist and not a fan of people who stick their heads in the sand and pretend things are OK when they are not.
Attorneys coping with more domestic violence cases
Domestic violence has been increasing in recent years along with what family law attorneys are observing as more anger and more meanness.
Prenuptial agreements change with time but remain tricky
Prenuptial agreements are not written to be fair. Nor should they be, according to some Indiana attorneys who draft them.
Bar Crawl: Boosters of civic education honored for service by IBF
During the We The People state finals in December, the Indiana Bar Foundation honored three individuals and one organization for their service to civic education and the competition.
Rush robing completes Supreme Court transition
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Dec. 28, the third member of the five-member court appointed by Gov. Mitch Daniels.
New group aims to prevent many from enetering juvenile justice system
A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.
Public-record email case focuses on scope of requests
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
Civics program helps turn students into lawyers
Without the We the People program, Adam Packer might be conjugating Latin verbs rather than serving as general counsel at the Indiana Gaming Commission.
Specialized units target Medicare, Medicaid swindlers in Indiana
Inside an unmarked building in a nondescript office park in Castleton is a burgeoning, multi-million-dollar legal enterprise. Its mission: cracking down on Medicaid fraud.
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.
Opinions Dec. 28, 2012
Indiana Court of Appeals
James M. Brinkley and Stephanie L. Brinkley v. Michael Haluska, P.E., d/b/a Retro Tech, et al.
32A01-1204-MI-181
Miscellaneous. Affirms trial court’s summary judgment that Donald Gindelberger is a good faith purchaser for value of a 1965 Chevrolet Corvette because the Brinkleys were in the best position to prevent the allegedly fraudulent sale and did not do so. Also, it concluded the BMV is immune from liability.
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!