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Opinions March 21, 2013

March 21, 2013
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Indiana Supreme Court
Anthony D. Dye v. State of Indiana
20S04-1201-CR-5
Criminal. On rehearing, reaffirms that a person convicted of unlawful possession of a firearm by a serious violent felon may not have his or her sentence enhanced under the general habitual offender statute by proof of the same felony used to establish that the person was a “serious violent felon.” The state is not permitted to support Dye’s habitual offender finding with a conviction that arose out of the same res gestae that was the source of the conviction used to prove Dye was a serious violent felon. Affirms original opinion in all other respects. Justice Massa concurs in part and dissents in part with separate opinion.

Todd J. Crider v. State of Indiana
91S05-1206-CR-306
Criminal. Reverses in part the sentencing order that Crider’s habitual offender enhancement in a White County case be served consecutively to the habitual offender enhancement in a case from Tippecanoe County. Concludes that the waiver of the right to appeal contained in the plea agreement is unenforceable where the sentence imposed is contrary to law and the defendant did not bargain for the sentence.

Indiana Court of Appeals
Clark County Board of Aviation Commissioners v. Dennis Dreyer and Margo Dreyer as Co-Personal Representatives of the Estate of Margaret A. Dreyer
10A01-1206-PL-288
Civil plenary. Affirms denial of the Board of Aviation Commissioners’ Trial Rule 60(B) motion for partial relief from an $865,000 judgment in favor of Margaret Dreyer after the board instituted eminent domain proceedings. Because legal error may not be collaterally attacked, and the commissioners did not object to Dreyer’s July 2009 objections and did not raise the issue in the first appeal, the trial court did not err by denying their Trial Rule 60(B) motion.

Town of Cedar Lake v. Gina Alessia, Candi Reiling, Andrew Balkema, Individually and as Members of the Town of Cedar Lake Park Board
45A03-1207-PL-316
Civil plenary. Reverses summary judgment for the park board members on their claims of illegal termination, declaratory judgment on the validity of the ordinance and injunctive relief. Also reverses the reinstatement order regarding the park board members. The trial court erred when it used Dillon’s Rule to determine the scope of the town’s legal authority to dissolve the park board and Parks Department. The proper legal inquiry is based on Indiana’s Home Rule Act. Affirms the order that the law firm Austgen Kuiper & Associates P.C. may not continue to represent the park board and its members in any matters based on a current conflict of interest.

C.B. v. B.W.
49A02-1206-JP-539
Juvenile. Affirms order granting the father’s request to change the surname of C.D.B. in initial paternity proceedings over the mother’s objections. The trial court’s decision is not clearly against the logic and effect of the facts and circumstances before the court or contrary to law. The mother has not shown reversible error.

Marquis Shipp v. State of Indiana (NFP)
49A02-1204-PC-322
Post conviction. Affirms denial of petition for post-conviction relief.

Arturo Fuentes v. State of Indiana (NFP)
79A02-1208-CR-698
Criminal. Affirms sentence for Class A felony dealing in cocaine and Class C felony possession of cocaine.

Christina J. Epps v. State of Indiana (NFP)
05A02-1207-CR-673
Criminal. Affirms convictions and sentence for two counts of Class A misdemeanor battery and one count of Class B misdemeanor battery.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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