ILNews

Opinions Aug. 13, 2014

August 13, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court

Joshua Gomillia v. State of Indiana
49S02-1408-CR-521
Criminal. Affirms total executed sentence of 40 years imposed following a plea agreement to one count of Class A felony criminal deviate conduct and one count of Class B felony robbery. The nature and circumstances of the crime included the trial court’s discussion of the leadership role Gomillia played in the commission of the offenses, as well as the terror the victim suffered. Both are appropriate reasons justifying a sentence greater than the advisory term.

7th Circuit Court of Appeals
Peabody Midwest Mining LLC, formerly doing business as Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, and Secretary of Labor, Mine Safety and Health Administration
13-1659
Review of order. Denies Peabody’s petition for review of the administrative law judge’s decision to uphold a citation for not having a protective mound along the outer bank of elevated roadways. Substantial evidence supports the commission’s determination that a bench – a ledged cut into the side of the pit – to and from the dragline constitutes a roadway, even during the dragline move, thus requiring the berms, or protective mounds; and the ALJ’s decision that the company violated regulations by failing to maintain a berm on two-tenths of a mile of the bench.

Wednesday’s opinions
Indiana Supreme Court

Douglas A. Guilmette v. State of Indiana
71S04-1310-CR-705
Criminal. Affirms denial of Guilmette’s motion to suppress DNA evidence found in blood on his shoe. Evidence properly seized by police may be examined and subjected to scientific testing without further warrant.

Indiana Court of Appeals
SCI Propane, LLC; South Central Indiana Rural Electric Membership Corporation; et al v. Courtney Frederick, as Personal Representative of the Estate of Stephen Frederick, deceased
55A04-1211-PL-586
Civil plenary. Affirms award of attorney fees to the estate because, although the General Wrongful Death Statute does not explicitly provide for the recovery of attorney fees, it does specify that damages are not limited to those enumerated in the statute. Finds the trial court abused its discretion in calculating the amount of the fees. Remands with the trial court to revise its award so that it is consistent with the contingency fee agreement between the estate and its counsel. Also finds the trial court did not err when it reduced its award of attorney fees according to fault allocation because its award was compensatory in nature and subject to the state’s Comparative Fault Act.

Joshua Frierson v. State of Indiana (NFP)
45A05-1312-CR-596
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class D felony resisting law enforcement.

Maurice Hamler v. State of Indiana (NFP)
49A05-1312-CR-609
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

ADVERTISEMENT