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Opinions Feb. 28, 2014

February 28, 2014
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Indiana Court of Appeals
Mary L. Anderson v. Wayne Post 64, American Legion Corp.
49A05-1309-CT-442
Civil tort. Affirms order setting aside its default judgment against Wayne Post 64, American Legion Corp. Anderson failed to serve the American Legion in a manner authorized by the Indiana Trial Rules.

Kenneth Seales v. State of Indiana
71A03-1306-CR-218
Criminal. Affirms denial of motion to remove Seales from the sex offender registry and his motion to correct error. The additional registration requirements imposed on him after a 2006 change in the law do not amount to an impermissible ex post facto law.

Eddie Hughes v. State of Indiana (NFP)
49A04-1307-CR-334
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Terry Lee Duckworth v. State of Indiana (NFP)
48A02-1307-CR-582
Criminal. Affirms sentence for Class D felony sexual battery.

In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)
02A03-1308-JT-344
Juvenile. Affirms termination of parental rights.

Debra Sue Miles v. State of Indiana (NFP)
82A01-1304-CR-179
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)
33A04-1306-CT-307
Civil tort. Reverses summary judgment in favor of Harry J. Kloeppel & Associates on Gwinn’s claim for negligence.

Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)
71A03-1305-MF-261
Mortgage foreclosure. Affirms summary judgment in favor of the bank on its complaint to foreclose on its mortgage.

Scott Logan v. State of Indiana (NFP)
20A05-1304-CR-192
Criminal. Affirms conviction of Class C felony child molestation.

D.K. v. State of Indiana (NFP)
08A02-1308-JV-734
Juvenile. Affirms finding that D.K. committed what would be Class A misdemeanor battery if committed by an adult.

Alonzo Golston Williams III v. State of Indiana (NFP)
18A02-1307-CR-624
Criminal. Affirms conviction of Class D felony intimidation.

David Ball v. State of Indiana (NFP)
48A04-1308-CR-416
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Joshua Basey v. State of Indiana (NFP)
48A05-1303-CR-138
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement in bodily injury.

James A. Lynn v. State of Indiana (NFP)
70A04-1307-CR-317
Criminal. Affirms convictions and sentence for Class B felony burglary and Class D felony theft.

Deion Taylor v. State of Indiana (NFP)
49A05-1307-CR-340
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Stewart Gase v. State of Indiana (NFP)
01A02-1306-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)
93A02-1306-EX-477
Agency action. Affirms determination that Anderson is eligible for unemployment benefits.

Johnny Leon Burchett v. State of Indiana (NFP)
73A01-1303-CR-97
Criminal. Affirms denial of motion for continuance and request to withdraw guilty plea.  

Christopher M. Galvan v. State of Indiana (NFP)
45A05-1308-CR-387
Criminal. Affirms conviction of Class C felony child molesting.

In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)
21A01-1307-AD-322
Adoption. Dismisses appeal of order granting petition of C.G. and K.G. to adopt O.R. for lack of subject matter jurisdiction.

The Indiana Supreme Court and 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. 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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