ILNews

Opinions April 17, 2014

April 17, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Ronnie Jamel Rice v. State of Indiana
45S00-1206-CR-343
Criminal. Affirms trial court’s revised sentencing order of life in prison without parole. Rice argued the trial court erred in considering non-statutory aggravating circumstances to support the order and his sentence should be revised. The revised order comports with Supreme Court precedent and does not represent an abuse of the trial court’s discretion.

Thursday’s opinions
Indiana Tax Court

Larry G. Jones and Sharon F. Jones v. Jefferson County Assessor
39T10-1308-TA-68
Tax. Denies the assessor’s motion to dismiss. Instructs the Joneses to file no later than April 28 a request for the Indiana Board of Tax Review to prepare a certified copy of its administrative record in the case. In accordance with Indiana Tax Court Rule 3(E), the Joneses shall then file the record with the clerk of the Tax Court within 30 days after they have received notification from the board that the record has been prepared. Once the court receives the board’s record, it will schedule another telephonic case management conference to discuss the need for additional briefing and oral argument.

Indiana Court of Appeals
Jason Taylor v. State of Indiana
45A03-1310-CR-406
Criminal. Reverses denial of petition for expungement. Determines that the word “shall” in Section 35-38-9-2(d) is mandatory language requiring expungement. And such an interpretation does not render Section 35-38-9-9(d) meaningless because that section applies to other parts of the statute where the trial court does have discretion to deny a petition for expungement.

Geoffrey A. Gilbert v. Melinda J. Gilbert
57A03-1308-DR-312
Domestic relation. Affirms order approving mother’s relocation request. The trial court did not abuse its discretion in granting mother’s request to relocate because she had a good faith and legitimate purpose for relocating, and the move was not contrary to the children’s best interests. Additionally, mother is not entitled to appellate attorney fees because father’s appeal is not frivolous or in bad faith. Judge Robb dissents.

Charrise Belton v. State of Indiana
49A04-1310-CR-487
Criminal. Reveres conviction of Class A misdemeanor driving while suspended. The state presented insufficient evidence to negate Belton’s necessity defense.

Teresa Fry n/k/a Teresa Dolan v. Michael Fry
64A03-1307-DR-262
Domestic relation. Affirms grant of Michael Fry’s emergency petition for modification of custody, alleging that Teresa Dolan suffers from a degenerative illness that renders her unable to adequately care for the children. Finds the trial court had jurisdiction to determine the custody of K.D. and it committed no legal error.

Geico General Insurance Company v. Laura B. Coyne, Cheryl A. O'Mailia, and James O'Mailia
20A04-1307-CT-325
Civil tort. Reverses award of attorney fees to the O’Mailias, which was based upon GEICO litigating in bad faith. GEICO’s counsel’s statements show the decisions not to disclose certain information was strategic in nature and believed to be within the bounds of the law. Denies the couple’s request for appellate attorney fees. Judge Barnes concurs in a separate opinion.

Joshua Cornett v. State of Indiana (NFP)
49A02-1308-CR-730
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

In Re: the Marriage of: Gordon Somerville v. Effie K. Somerville (NFP)
49A02-1308-DR-735
Domestic relation. Vacates trial court’s judgment in part because husband established a prima facie error with regard to the trial court’s valuations of marital property and remands with instructions.

K.P. v. State of Indiana (NFP)
87A04-1307-JV-384
Juvenile. Affirms adjudication that K.P. committed two acts that would be child molesting if committed by an adult.

Michelle D. Gauvin v. State of Indiana (NFP)
79A02-1306-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.

Thomas Curtis Edmond v. State of Indiana (NFP)
45A03-1303-PC-90
Post conviction. Affirms denial of petition for post-conviction relief.

Gwendolyn F. Jones v. State of Indiana (NFP)
48A02-1308-CR-678
Criminal. Affirms convictions of Class B felony robbery and Class C felony battery and remands with instructions to enter judgment upon Jones’ felony intimidation conviction as a misdemeanor and resentence her.

Patrick R. Taylor v. Jason Evans, Curtis Evans, and Chrystal Evans (NFP)
49A02-1303-CT-195
Civil tort. Affirms dismissal of Taylor’s personal injury action for failure to comply with a discovery order.

Daniel Torres v. State of Indiana (NFP)
48A05-1305-CR-267
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Barbara Wiggles v. Sandlian Management Corporation d/b/a U-Stor Self-Storage (NFP)
49A02-1306-CT-511
Civil tort. Affirms decision to grant U-Stor’s motion to strike Wiggles’ affidavit and its decision to grant U-Stor’s motion for judgment on the pleadings.

Ben L. Macon v. State of Indiana (NFP)
02A03-1309-CR-364
Criminal. Affirms denial of Macon’s motion to sever and hold two separate trials.

The Indiana Supreme Court posted no decisions Thursday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. 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.

  3. 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.

  4. 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.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT