ILNews

Opinions March 25, 2014

March 25, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT