ILNews

Opinions Feb. 19, 2014

February 19, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
State of Indiana v. William Coats
49S02-1305-CR-328
Criminal. Remands to the trial court with an order to commit Coats to the Division of Mental Health and Addiction. I.C. 35-36-3-1(b) requires trial courts to commit defendants found not competent to stand trial to the DMHA for competency restoration services.

Wednesday’s opinions
Indiana Court of Appeals

David D. Kiely v. Kathryn Starnes-Kiely (NFP)
14A04-1307-DR-372
Domestic relation. Affirms equal division of marital estate.

Tyrone Wilbourn v. State of Indiana (NFP)

49A05-1306-CR-262
Criminal. Affirms conviction of possession of a firearm by a serious violent felon as a Class B felony.

Christena Seifried v. Dukes Health System, LLC, d/b/a Dukes Memorial Hospital (NFP)
49A02-1305-CT-435
Civil tort. Reverses summary judgment in favor of the hospital in Seifried’s action for personal injuries allegedly suffered as a result of her fall in the hospital.

Kenneth Davis v. State of Indiana (NFP)
49A02-1306-CR-535
Criminal. Reverses and remands with instructions to vacate Davis’ Class A misdemeanor battery conviction. Affirms conviction of battery as a Class C felony.

Heriberto M. Andrade v. State of Indiana (NFP)
20A03-1307-CR-289
Criminal. Affirms convictions of Class A felony dealing in cocaine weighing three grams or more and two counts of Class B felony dealing in cocaine.

James Smith v. State of Indiana (NFP)
49A04-1306-CR-292
Criminal. Affirms convictions of Class C felonies possession of cocaine and a firearm, and possession of cocaine; and Class A misdemeanors possession of marijuana and carrying a handgun without being licensed. Remands to correct trial court records.

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

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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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