ILNews

Opinions Dec. 19, 2013

December 19, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals decision was posted after IL deadline Wednesday:
USA v. Roger Loughry
13-1385
Criminal. Affirms Loughry’s conviction on 16 child-pornography charges after a second trial. Loughry was convicted on the same 16 counts previously, but the 7th Circuit reversed because evidence of “hardcore” pornography that was admitted at the first trial was ruled an abuse of discretion. On appeal of his conviction after the second trial, the 7th Circuit rejected Loughry’s claim that providing jurors during deliberations with images and videos that were admitted into evidence was highly prejudicial.

Thursday’s opinions
Indiana Supreme Court
Tyrice J. Halliburton v. State of Indiana
20S00-1206-LW-560
Life without parole. Affirms murder conviction and sentence of life without parole. The trial court did not err in admitting certain evidence. Concludes the trial court committed no error, let alone fundamental error, by admitting photographs into evidence. Finds the court’s limiting instruction was erroneous, but Halliburton made no claim that the error was fundamental and no such fundamental error occurred.

Scott Speers v. State of Indiana
55S01-1312-CR-841
Criminal. Affirms the trial court did not err by admitting the DNA evidence over Speers’ Confrontation Clause objection. A lab technician involved in a chain of custody of DNA evidence does not have to testify in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.

Indiana Court of Appeals
Brittney Watson v. State of Indiana
71A03-1303-CR-91
Criminal. Affirms murder conviction. Based on the evidence, the jury could have determined beyond a reasonable doubt that Watson either knew or intended that the victim would be killed and acted in concert with Steven and Stephon Rice to accomplish the deed.

In the Matter of the Estate of Stephen T. Hannebaum, Deceased, Renada Fay Hannebaum v. Mary Rebecca Hannebaum and Stephen T. Hannebaum, II, as Personal Representatives of Stephen T. Hannebaum
81A05-1301-ES-17
Estate. Affirms order finding Renada Hannebaum had forfeited her right to inherit from Stephen Hannebaum’s estate. The pieces of evidence, taken together, suggest a continuing behavior that is sufficient to sustain the trial court’s finding of an adulterous relationship between Renada and Doug Wilson in April 2011. The trial court properly found Renada left Stephen permanently rather than temporarily.
 
William Hinesley, III v. State of Indiana
55A05-1302-PC-80
Post conviction. Affirms denial of petition for post-conviction relief from conviction of Class A felony child molesting. The post-conviction court properly determined that Hinesley failed to demonstrate that his counsel’s performance was deficient or prejudicial and his claim of prosecutorial misconduct is unavailable.

Meridian Mutual Insurance Company, n/k/a State Automobile Mutual Insurance Company v. Majestic Block & Supply, Inc., n/k/a Tutewiler Corporation
49A05-1210-PL-533
Civil plenary. Affirms summary judgment for Majestic Block & Supply. Majestic’s coverage was not barred by late notice or known loss, it did not benefit from a double recovery and it was entitled to prejudgment interest. However, State Auto’s arguments are not so frivolous, unreasonable or groundless as to require an award of attorney fees to Majestic.

Dana Companies, LLC v. Chaffee Rentals, a/k/a, Chaffee Rentals and Storage, BRC Rubber Group, Inc., Charles V. Chaffee, Karen J. Chaffee and Clifford Chaffee
92A03-1208-CC-358
Civil collections. Affirms in part, reverses in part and remands. Affirms the trial court rulings that in a contract dispute over industrial pollution cleanup costs that the doctrine of fortuity did not apply in Dana’s complaint against BRC. Dana is entitled to collect damages from BCR, which rented the industrial site Dana formerly owned, but only for the non-PCB contamination caused solely by BRC’s use. Remands to the trial court with orders to reduce the total awards, including prejudgment interest, from $154,632 to $7,383.

Edwin Rwoti v. State of Indiana (NFP)
02A04-1304-CR-181
Criminal. Affirms conviction of Class D felony sexual battery.

Raphael Miles v. State of Indiana (NFP)
82A01-1306-CR-295
Criminal. Affirms denial of motion to correct erroneous sentence.

Maxwell Swisher v. State of Indiana (NFP)
06A04-1304-CR-173
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services (NFP)
29A04-1305-JC-216
Juvenile. Affirms J.C.’s designation as a child in need of services but vacates with respect to A.M.C.

T. Kyle Buehner v. Evansville Teachers Federal Credit Union (NFP)
82A01-1302-CC-61
Civil collection. Affirms judgment in favor of the credit union, finding it had authority to seize funds in Buehner’s savings account to satisfy his father’s debt.

In the Matter of the Termination of the Parent-Child Relationship of: D.W., Minor Child, G.W., Father v. Indiana Department of Child Services (NFP)
49A02-1304-JT-333
Juvenile. Affirms involuntary termination of parental rights.

Jeffrey O. Gilstrap v. Michael D. Mount (NFP)
39A01-1303-SC-103
Small claim. Affirms denial of Gilstrap’s motion for relief from judgment.

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

ADVERTISEMENT