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Opinions May 7, 2014

May 7, 2014
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Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
49S00-1311-PL-716
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.

In the Matter of: Christopher E. Haigh 
98S00-0608-DI-317
Discipline. Haigh engaged in conduct in contempt of the Supreme Court by violating the suspension order. He is disbarred effective immediately and must pay $1,000. Any further contempt will likely result in imprisonment.

Indiana Court of Appeals
Shane Beal and The Bar Plan Mutual Insurance Company v. Edwin Blinn, Jr.
27A03-1306-PL-235
Civil plenary. Affirms denial of Beal’s motion for summary judgment, which concluded that a genuine issue of material fact exists as to whether Beal’s representation of Blinn Jr. in a federal criminal case constituted legal malpractice.

John Jacob Venters v. State of Indiana
79A02-1305-CR-481
Criminal. Reverses sentence for operating a vehicle while intoxicated, as a Class D felony, enhanced by the habitual substance offender statute. Remands with instructions to order Venters’ enhanced sentence to run concurrently with his previously enhanced sentences. The trial court erred in ordering the sentence at issue to be served consecutively to his previously entered sentences.

Rahsaan A. Johnson v. State of Indiana
18A02-1304-CR-343
Criminal. Affirms conviction of 14 counts of possession of animals for fighting contests, all as Class D felonies. There is sufficient evidence to support the convictions and they do not violate the double jeopardy clause of the Indiana Constitution.

Johnathon R. Aslinger v. State of Indiana (NFP)
35A02-1303-CR-296
Criminal. Grants rehearing for the limited purpose of ordering a retrial on Aslinger’s conviction for possession of paraphernalia. Affirms original opinion in all respects.

Ricky Allen Cox v. State of Indiana (NFP)
48A02-1308-CR-717
Criminal. Affirms sentence for Class D felony theft and remands for a determination of the credit time to which Cox is entitled.  

J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)
18A02-1309-CT-809
Civil tort. Affirms orders dismissing J&W’s motion for proceeding supplement and its motion to correct error.

Robert F. Petty v. State of Indiana (NFP)
72A05-1305-CR-237
Criminal. Affirms convictions of voluntary manslaughter, Class D felony removal of body from scene and Class D felony obstruction of justice.

Claude F. Hudson v. State of Indiana (NFP)
84A01-1305-CR-197
Criminal. Reverses denial of credit time and remands with instructions to award Hudson credit time from Oct. 15, 2012, to Dec. 27, 2012, when he was confined at a hospital.

Larry Fulbright v. State of Indiana (NFP)
49A02-1309-CR-789
Criminal. Reverses denial of petition to file a belated notice of appeal.

Indiana Tax Court
MedCo Health Solutions, Inc. v. Indiana Department of State Revenue
49T10-1105-TA-35
Tax. Grants the department’s Trial Rule 12(B)(6) motion to dismiss. Medco is not entitled to relief on two claims: that the court should order the department to pay a refund and that advisory letters should be binding in this matter.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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