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Opinions May 30, 2013

May 30, 2013
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7th Circuit Court of Appeals
United States of America v. Daniel L. Delaney
12-2849
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Delaney’s argument that no reasonable juror could have failed to find that he acted in the heat of passion when he killed his cellmate fails because there was considerable evidence of forethought, much of it emanating from the defendant’s own statements. Judge Bauer concurs.

Indiana Court of Appeals
In the Matter of the Parent-Child Rel. of: B.H. & B.H., and T.H. v. The Indiana Dept. of Child Services
52A02-1210-JT-849
Juvenile. Affirms termination of parental rights. Holds the social worker who testified about a parenting assessment called Child Abuse Potential Inventory was able to testify as an expert witness in this case based on Ind. Evidence Rule 702. Concludes that CAPI is based on reliable principles and therefore the trial court did not err by allowing testimony about mother T.H.’s CAPI results.

Jeffrey Embrey v. State of Indiana
82A01-1211-CR-494
Criminal. Affirms conviction of Class C felony neglect of a dependent. The trial court acted within its discretion in admitting certain evidence under the business records exception to the hearsay rule, and the evidence is sufficient to sustain Embrey’s conviction.

Dean Eric Blanck v. State of Indiana
47A01-1209-CR-424
Criminal. Affirms denial of petitions for permission to file a belated notice of appeal and for appointment of appellate counsel. Because Blanck is ineligible to bring a belated appeal under Post-Conviction Rule 2, the trial court properly denied his petition to appoint counsel for that purpose.

Joshua Lindsey v. Adam Neher
08A04-1211-MI-575
Miscellaneous. Reverses denial of Lindsey’s motion to rescind a tax deed issued to Neher. The tax deed at issue was invalid and the judgment void as a matter of law, so Lindsey is entitled to be allowed to tender his redemption payment. Remands for an order that the Carroll County auditor accept redemption funds from Lindsey.

United Farm Family Mutual Insurance Co. v. Indiana Insurance Co. and Royal Crown Bottling Corp. (NFP)
49A02-1211-PL-914
Civil plenary. Affirms summary judgment in favor of Indiana Insurance Co. and Royal Crown Bottling Corp. on whose auto insurance should cover damage from an accident a spouse was involved in with a company car.

Michael Toney v. State of Indiana (NFP)
79A04-1209-CR-471
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class B felony possession of a firearm by a serious violent felon, but reverses sentence because the trial court abused its discretion in ordering the habitual offender enhancement be served consecutive to the two counts. Remands for resentencing.

Aaron Wiegand v. State of Indiana (NFP)
02A04-1210-CR-502
Criminal. Affirms denial of petition to withdraw guilty pleas for unlawful possession of a firearm by a serious violent felon as a Class B felony and criminal recklessness as a Class C felony.

Kristi Gates v. State of Indiana (NFP)
87A01-1210-CR-484
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of two search warrants.

Brian T. Martin v. State of Indiana (NFP)
71A03-1210-CR-446
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated, which was the underlying conviction for Martin’s Class D felony OWI conviction.

In Re: The Marriage of Kenneth G. Haynie, Jr. v. Teresa H. Haynie (NFP)
82A01-1206-DR-265
Domestic relation. Affirms court’s decision to set aside to wife assets that she had inherited. Reverses in part dissolution decree because it and an order on motion to correct error do not correspond with a substantially equal division of the remaining assets. The husband is entitled to an order for the transfer of assets actually allocated to him by the dissolution court in its division of marital assets.

James King v. State of Indiana (NFP)
49A02-1210-CR-858
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Michael and Brenda Gralia v. Butler Garden Center (NFP)
67A01-1301-CT-26
Civil tort. Reverses trial court order granting Butler’s motion to dismiss a breach of contract claim and remands for further proceedings.

Russell Grady v. State of Indiana (NFP)

49A02-1210-CR-854
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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