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Opinions April 30, 2014

April 30, 2014
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The following decisions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

United States of America v. James V. Carroll
13-2600
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Criminal. Affirms denial of motion to suppress following Carroll’s guilty plea to one count of possession of child pornography and six counts of sexual exploitation of a child. The information in the detective’s affidavit was sufficient to establish fair probability that the computer or other digital storage devices within Carroll’s home would contain evidence of child pornography or exploitation of a child, despite the fact that the photographs were taken approximately five years earlier.

Indiana Supreme Court
Ernesto Roberto Ramirez v. State of Indiana
45S05-1305-CR-331
Criminal. Affirms denial of Ramirez’s motion for a mistrial. Clarifies precedent that defendants are entitled to a rebuttable presumption of prejudice when they can show by a preponderance of the evidence that an unauthorized, extra-judicial contact or communication with jurors occurred, and that the contact or communication pertained to the matter before the jury. Ramirez failed to prove that a juror’s extraneous contact and communications related to his case.

Wednesday’s opinions
Indiana Court of Appeals

L.C. Neely Drilling, Inc. and Maverick Energy, Inc. v. Hoosier Energy Rural Electrical Cooperative, Inc.
49A02-1305-MI-457
Miscellaneous. Affirms ruling in favor of Hoosier Energy upon the parties’ cross-motions for partial summary judgment on Hoosier Energy’s motion seeking judgment that the lease between Maverick and Hoosier Energy had expired and quieting title in favor of Hoosier Energy.

Austin G. Pittman v. State of Indiana
06A05-1305-CR-243
Criminal. Affirms denial of Pittman’s petition to restrict access to the record of his criminal conviction. Affirms appellate court has jurisdiction over the case and rejects state’s argument that Pittman’s appeal should be dismissed.

Gary Community School Corporation v. Prince Lardydell b/n/f Erma Lardydell
45A03-1306-PL-230
Civil plenary. Affirms judgment in favor of Prince Lardydell by next friend Erma Lardydell and $120,000 in damages after Prince was attacked in the hall of his high school. Declines to second-guess the jury’s decision. Finds no error in the giving of Final Instruction 12 or allowing a former school board member to testify.

In Re the Adoption of L.T.: J.M. and S.M. v. C.T.
49A05-1310-AD-493
Adoption. Reverses order terminating guardianship entered in Hamilton County court. The probate court erroneously granted relief from the guardianship order upon concluding that it was void for lack of subject matter jurisdiction. Orders a hearing on the best interests of the child.

First Response Services, Inc. v. Vincent A. Cullers (Vincent A. Cullers Counterclaim Plaintiff v. First Response Services, Inc. Counterclaim Defendant)
41A01-1305-PL-224
Civil plenary. Affirms denial of attorney fees for First Response Services. Because the contract failed to comply with the requirements of the Home Improvement Contract Act, the company is not entitled to recover attorney fees in its lawsuit seeking payment from Cullers.

Clarenda Love v. Bruce Love (NFP)
32A01-1311-DR-504
Domestic relation. Affirms division of marital property.

Claricea D. Muse v. State of Indiana (NFP)
33A04-1309-CR-472
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Kristin A. Houssain v. State of Indiana (NFP)
89A04-1307-CR-330
Criminal. Affirms on interlocutory appeal the denial of Houssain’s motion to dismiss her forgery and attempting to obtain a controlled substance by fraud charges.

Yosef M. Hajaji v. State of Indiana (NFP)
43A03-1310-CR-407
Criminal. Affirms aggregate three-year sentence for Class D felony domestic battery.

Eric Davis v. State of Indiana (NFP)
49A05-1308-CR-415
Criminal. Affirms convictions of Class D felony intimidation, Class B misdemeanor public intoxication and Class B misdemeanor disorderly conduct.

Dillon W. Grissell v. State of Indiana (NFP)
90A02-1308-CR-737
Criminal. Affirms two convictions of Class C felony burglary.

Neil Short v. State of Indiana (NFP)
32A04-1308-PC-422
Post conviction. Affirms denial of petition for post-conviction relief.

Shannon L. Simons v. State of Indiana (NFP)
07A05-1308-CR-436
Criminal. Affirms revocation of probation and order Simons serve 90 days of her previously suspended sentence.

Alan Ramsey v. State of Indiana (NFP)
71A03-1308-CR-341
Criminal. Affirms convictions of Class C felony child molesting and Class A felony child molesting.

Timothy E. Strowmatt v. Jennifer Smith, Matt Penticuff, Misty Cecil (NFP)
33A01-1310-PL-441
Civil plenary. Affirms dismissal of Strowmatt’s civil rights complaint.

T.W. v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1310-EX-871
Agency action. Reverses dismissal of T.W.’s appeal by the Review Board of the Indiana Department of Workforce Development.

Heath Burgess v. State of Indiana (NFP)
79A02-1309-CR-754
Criminal. Affirms aggregate five-year sentence following guilty plea to Class A misdemeanor operating a vehicle while intoxicated and admittance to being a habitual substance offender.

Robin (Bankert) Hall v. Robert H. Bankert (NFP)
06A01-1304-DR-186
Domestic relation. Affirms order disposing of the then-pending issues involving the allocation of extraordinary uninsured medical expenses, tax deductions and the treatment of gratuitous support in a post-dissolution proceeding.

Howard Wilson v. State of Indiana (NFP)
49A05-1308-CR-384
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Wednesday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Wednesday.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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