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Opinions April 23, 2013

April 23, 2013
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Indiana Court of Appeals
Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

Paul Sparks v. State of Indiana
49A02-1207-CR-593
Criminal. Granted the state’s petition for a rehearing of the COA’s decision in Sparks v. State, 983 N.E.2d 221 (Ind. Ct. App. 2013). Ruled the state cannot rely solely on Sparks’ original admission of a probation violation to revoke his probation.

Joanna S. Robinson v. State of Indiana
20A04-1209-CR-561
Criminal. Reversed Robinson’s convictions for operating a vehicle with a suspended license, a Class A misdemeanor; possession of marijuana, a Class A misdemeanor; and operating a vehicle while intoxicated, a Class A misdemeanor. Ruled that Robinson driving her car over the fog line twice was insufficient to justify a traffic stop.

Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services (NFP)
02A03-1207-JT-307
Termination of parental rights. Affirmed involuntary termination of mother’s parental rights. Found the trial court did not err in concluding that there is a reasonable possibility that the conditions that resulted in the minor’s placement outside the home will not be remedied.

Ronald A. Bohannon v. State of Indiana (NFP)
28A04-1212-CR-656
Criminal. Affirms sentence of eight years for a reckless homicide conviction, which was enhanced by five years as a result of Bohannon’s habitual offender status; seven years for handgun convictions, to be served consecutively to the enhanced sentence; and two years for a conviction of receiving stolen property, to be served concurrently with the other sentences.

Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

In Re the Paternity of A.H., A.E., A.M., A.I., A.N.; A.G. v. A.H. (NFP)
49A02-1208-JP-668
Paternity. Affirms trial court calculation of father’s weekly child support obligation since 2007. Found the trial court did not abuse its discretion when it made the calculations.

Sungold Holdings, Inc., Midwest Auto Body, and Robert H. Gentry, III v. Donald Blair (NFP)
18A02-1207-MI-612
Miscellaneous. Affirms trial court’s decision to issue tax deeds to Blair for three properties sold at a tax sale. Found the trial court did not err in holding that Sungold Holdings, et. al., failed to raise a viable objection to the sale.

D.S. v. State of Indiana (NFP)
49A04-1210-JV-522
Juvenile. Affirms juvenile court’s adjudication finding that D.S. is a delinquent child for committing what would be the crime of receiving stolen property, a Class D felony, is committed by an adult. Found the juvenile court did not abuse its discretion by permitting the state to reopen its case in chief. Also ruled the juvenile court did not commit a reversible error by denying D.S.’s motion for involuntary dismissal under Indiana Trial Rule 41(B).

Antwan Parks v. State of Indiana (NFP)
79A02-1208-CR-672
Criminal. Affirms Parks’s conviction for Class C felony battery. Concluded the evidence was sufficient to establish bodily injury.

 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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