Opinions Feb. 11, 2014

February 11, 2014
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Indiana Supreme Court
Michael Inman v. State of Indiana
Life without parole. Affirms conviction and sentence to life imprisonment without the possibility for parole for murder, murder while committing or attempting to commit the offense of robbery, robbery, and unlawful possession of a firearm by a serious violent felony. Justice Mark Massa concurred in result but found the trial court’s instruction to the jury was harmless.  

Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council; VFW Post 2953, et al. v. City of Evansville and Evansville Common Council
82S01-1306-CT-436 and 82S01-1306-PL-437
Civil. Strikes down an amended Evansville smoking ban that exempted the Aztar riverboat casino in a 3-2 decision. Chief Justice Brent Dickson and Justices Mark Massa and Steven David held that the exception violated Article 1, Section 23 of the Indiana Constitution because it conferred a privilege on the casino that wasn’t extended to similarly situated bars, taverns and clubs. Dissenting Justices Loretta Rush and Robert Rucker found the casino’s inherent characteristics of producing a large flow of revenue and attracting a mostly out-of-town clientele placed it in a distinct group from the tavern and club establishment that challenged the exemption.

Indiana Court of Appeals
Jeff Howell v. State of Indiana (NFP)
Miscellaneous. Affirms denial of renewed motion for return of property.
Patricia A. Hampton and Joseph A. Hampton, individually as husband and wife; et al v. Metropolitan Property and Casualty Insurance Company (NFP)
Civil plenary. Affirms granting of Metropolitan Property and Casualty Insurance Co.’s motion for summary judgment.

Mayson L. St. Clair v. State of Indiana (NFP)
Criminal. Affirms robbery conviction as a Class B felony.

Stephen T. Perosky v. State of Indiana (NFP)
Criminal. Affirms convictions and nine-year aggregated sentence for disarming a law enforcement officer as a Class C felony; two counts of battery as Class D felonies; and two counts of resisting law enforcement as Class D felonies.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.M., A.M. and H.M., minor children, and J.M. Father, J.M. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of J.M.’s (father) parental rights to his children N.M., A.M. and H.M.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father) v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of J.N.’s (mother) and M.R.’s (father) parental relationship with their minor child, H.R. Judge John Baker wrote a separate opinion, concurring with the majority but finding the termination appeared to be about punishing the parents rather than protecting the child.

Richard Boylls v. State of Indiana (NFP)
Criminal. Affirms conviction for dealing in methamphetamine as a Class B felony.

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


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...