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Opinions March 25, 2014

March 25, 2014
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Indiana Supreme Court
Joanna S. Robinson v. State of Indiana
20S04-1307-CR-471
Criminal. Affirms trial court’s denial of Robinson’s motion to suppress. Agrees with trial court in giving deference to deputy’s testimony that he initiated the traffic stop after observing Robinson drive off the roadway twice even though the video from the deputy’s in-car camera only shows Robinson weaving onto the fog line. Rucker dissents, asserting giving credit to the deputy’s testimony over the video amounts to reweighing evidence.

State of Indiana v. Darrell L. Keck
67S01-1403-CR-179
Criminal. Affirms the trial court’s grant of Keck’s motion to suppress on the grounds the officer lacked reasonable suspicion to initiate the traffic stop. Upholds trial court’s finding that the poor conditions of county roads necessitated Keck driving left-of-center to avoid the potholes.

Indiana Court of Appeals
Marjorie O. Lesley v. Robert T. Lesley
79A02-1305-DR-472
Domestic. Reverses an order granting rehabilitation maintenance for Marjorie O. Lesley, holding that the court lacked authority to re-evaluate a final dissolution order after she later was found to qualify for disability benefits from the Social Security Administration. Remands for support. In a separate concurring opinion, Judge John Baker wrote the court could have reserved judgment on the disability issue by continuing the hearing at which the final order was issued to await SSA’s determination on disability.

Victor Hugo Mesa v. State of Indiana
36A01-1308-MI-362
Miscellaneous/forfeiture. Affirms forfeiture of a vehicle on the state’s summary judgment motion, holding that Mesa did not properly request a summary judgment hearing and that no issue of material fact existed regarding whether the vehicle was seizable under Indiana Code § 34-24-1-1(a)(3).

Jerid T. Bennett v. State of Indiana
59A05-1306-CR-277
Criminal. Vacates a conviction of Class D felony possession of cocaine as double jeopardy for a conviction in the same case of Class B felony dealing in cocaine, but otherwise lets stand the dealing conviction as well as convictions of Class D felony maintaining a common nuisance and Class A misdemeanor possession of marijuana.

Robert Morris Endris v. Jennifer Lynn Endris (NFP)
41A01-1303-DR-130
Domestic relation. Reverses visitation order that stopped visits between Robert Endris and his daughter and modified parenting time with the other children without explanation. Also reverses order that paternal grandmother, who was not a party to the dissolution, host the children during bi-annual visits. Remands to the trial court to enter an order either complying with Parenting Time Guidelines or explaining the deviation when modifying the visitation for the other children. Affirms denial of Endris’ motion to modify child support.

Vernon Robinson v. Estates At Eagle's Pointe (NFP)
52A02-1306-PL-528
Civil plenary. Reverses the trial court’s order to the extent that it awarded the Estates $57,375 but affirms the remainder of the order. Remands for entry of judgment in favor of Estate in the amount of $46,375 plus attorneys fee of $25,000 and costs.

Dennis Knight v. State of Indiana (NFP)
71A04-1309-CR-475
Criminal. Affirms conviction of one count of Class B felony robbery.

Richard Antonio Clark v. State of Indiana (NFP)
45A03-1308-CR-337
Criminal. Affirms three-year sentence for Class D felony strangulation and Class A misdemeanor domestic battery.

The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.


 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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