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Opinions April 22, 2014

April 22, 2014
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Indiana Court of Appeals
Shelly Bailey v. Lance Bailey
25A04-1309-DR-452
Domestic relation. Reverses trial court’s modification of physical custody of the two children. Finds the Parallel Parenting Time Order did not enable the court to modify the children’s custody to joint custody especially since neither parent petitioned for a change in custody. Judge John Baker dissented, writing that, as instructed by the Parallel Parenting Time Order, the trial court was trying to act in the best interest of the children and to prevent any further destructive behavior by the parents.

In the Matter of the Adoption of B.C.H., a Minor
41A04-1308-AD-388
Adoption. Affirms trial court orders denying grandparents’ motion for relief from judgment and motion to correct error that aimed to set aside stepfather’s adoption of 6-year-old B.C.H. Despite having provided care almost exclusively during the child’s first two years, grandparents are not parties required to receive notice and consent to the adoption. Grandparents also had actual knowledge of the proceedings and did not object or attempt to intervene. In a concurring opinion, Judge Paul Mathias would have required stepfather to get grandparents’ consent, but found in this case grandparents cannot pursue a late challenge to the adoption.

Randy E. Black v. State of Indiana
01A04-1310-CR-526
Criminal. Affirms conviction of Class C felony forgery, holding that the trial court did not err by not ruling on Black’s pro se request for an early trial and that Black did not receive ineffective assistance of counsel. Black, who was serving a sentence in the Department of Correction on unrelated charges, was appointed a public defender at an initial hearing, at which time he told the court he wanted to “file for fast and speedy trial too.” Because a defender had been appointed, that decision was a matter of strategy allocated to defense counsel, and the record does not establish counsel’s assistance fell below an objective standard of reasonableness.

State of Indiana, Indiana Bureau of Motor Vehicles, and Kent Schroder as Commissioner of Motor Vehicles v. Matthew E. Patty (NFP)
09A02-1311-MI-885
Miscellaneous. Reverses order granting Patty’s petition for issuance of a probationary driver’s license. Finds the Indiana Bureau of Motor Vehicles did notify Patty of his habitual traffic violator status and suspension. Also concludes Patty is ineligible for a probationary license because his license was already suspended for a previous judgment when he was arrested for operating while intoxicated in Hendricks County.

Desmond E. Lewis v. State of Indiana (NFP)
92A05-1306-CR-284
Criminal. Affirms conviction of operating a vehicle while intoxicated in a manner that endangers a person, a Class A misdemeanor.

Corey Bates v. State of Indiana (NFP)
49A04-1309-CR-435
Criminal. Affirms conviction for Class C felony forgery.

Conway Jefferson v. State of Indiana (NFP)
49A02-1309-PC-748
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and the Indiana 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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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