Opinions

Opinions March 11, 2016

March 11, 2016
Indiana Court of Appeals

Indiana High School Athletic Association, Inc., and Hammond Gavit High School v. Nasir Cade, et al.
45A03-1503-PL-84
Civil plenary. Reverses preliminary injunction granted in favor of the high schools and players. Remands for dismissal of claims brought by students who would have been banned from participating in the IHSAA boys’ basketball state tournament because their claims are now moot. COA says trial court erred by concluding the schools demonstrated a likelihood of success on the merits and remands to trial court.
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Opinions March 10, 2016

March 10, 2016
Indiana Court of Appeals
Tricia A. Davis Williams v. State of Indiana
29A02-1506-CR-528
Criminal. Affirms Tricia A. Davis Williams’ sentencing order after she pleaded guilty to one count of Class D felony theft. Her placement in the Department of Correction is not inappropriate.
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Opinions March 9, 2016

March 9, 2016
Indiana Court of Appeals
David Lee Marshall v. State of Indiana
20A03-1507-MI-973
Criminal. Affirms the denial of David Lee Marshall’s petition for expungement, holding the trial court could properly find, based upon Marshall’s own admission, that he had committed a crime in the relevant time period and was not entitled to the requested relief. 
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Opinions March 8, 2016

March 8, 2016
Indiana Court of Appeals
Tyrone Grayson v. State of Indiana

49A05-1505-CR-350
Criminal. Affirms Tyrone Grayson’s conviction of Class B felony unlawful possession of a firearm by a serious violent felon. An anonymous tip was sufficient probable cause for police to stop Grayson’s vehicle, where a handgun was found in plain sight.
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Opinions March 7, 2016

March 7, 2016
Indiana Tax Court

Nick Popovich v Ind. Dept. of State Revenue
49T10-1010-TA-53
Awards Nick Popovich $24,963 for successfully prosecuting his first motion to compel.

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Opinions March 4, 2016

March 4, 2016
7th Circuit Court of Appeals
Aduwali Abdukhadir Muse v. Charles A. Daniels, Warden, FCI Terre Haute
15-2646
Civil. Affirms denial of writ of habeas corpus because Muse waived the right to challenge his guilty plea based on his age when he pleaded guilty.
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Opinions March 3, 2016

March 3, 2016
Indiana Court of Appeals
Caterpillar Inc. v. William Sudlow
79A02-1507-CT-801
Civil tort. Reverses and remands summary judgment for William Sudlow in favor of Caterpillar Inc. after it found Sudlow is not entitled to relief under statute or common law. Sudlow was a Caterpillar employee who was fired after another employee observed a partially visible gun in his vehicle in the Caterpillar parking lot.
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Opinions March 2, 2016

March 2, 2016
Indiana Supreme Court
Ashonta Kenya Jackson v. State of Indiana
48S02-1509-CR-554
Criminal. Affirms conviction of Class C felony corrupt business influence, holding that Indiana’s Racketeer Influenced and Criminal Organizations Act does not contain a continuity element, but rather a requirement that the pattern of crimes are “not isolated.” The evidence was sufficient to show the underlying robberies Jackson was convicted of were not isolated. Remands for revision of the sentencing order to indicate which offense was enhanced by the habitual offender adjudication.
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Opinions March 1, 2016

March 1, 2016
Indiana Supreme Court
Austin Blaize v State of Indiana
26S00-14-10-LW-771
Life without parole. Affirms convictions of murder, burglary and other charges and Austin Blaize’s sentence of life without parole and a term of years. Comments made by the judge to the jury do not require reversal and a new trial.
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Opinions Feb. 29, 2016

February 29, 2016
Indiana Court of Appeals
Edward Skillman v. Ivy Tech Community College
49A04-1509-PL-1279
Civil plenary. Affirms summary judgment for Ivy Tech on Skillman’s claim under the Indiana Wage Payment Act. Ivy Tech is not an “employer” for purposes of the Indiana Minimum Wage Law because it is “subject to” federal Fair Labor Standards Ac requirements, even if Skillman cannot personally enforce FLSA requirements against Ivy Tech.
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Opinions Feb. 26, 2016

February 26, 2016
Indiana Court of Appeals
Timothy L. Coats v. State of Indiana (mem. dec.)
02A03-1510-CR-1657
Criminal. Affirms conviction of Level 6 felony resisting law enforcement.
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Opinions Feb. 25, 2016

February 25, 2016
Indiana Court of Appeals
John H. Hill v. State of Indiana
20A03-1507-CR-907
Criminal. Affirms John Hill’s convictions of criminal confinement, a Class C felony, domestic battery, a Class D felony, domestic battery, a Class A misdemeanor and interference with the reporting of a crime, a Class A misdemeanor.  The state did not interfere with his defense by moving to exclude the testimony of a witness.
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Opinions Feb. 24, 2016

February 24, 2016
Indiana Court of Appeals
Billy Luke v. State of Indiana
15A01-1409-CR-407
Criminal. Affirms Billy Luke’s convictions for invasion of privacy as Class D felonies and the revocation of his probation. Remands with instructions to vacate Luke’s conviction for stalking as a Class C felony because of a double jeopardy violation.
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Opinions Feb. 23, 2016

February 23, 2016
7th Circuit Court of Appeals
Kathy Ann Stark v. Carolyn W. Colvin

15-2352
US District Court, Northern District of Indiana, Fort Wayne Division
Joseph S. Van Bokkelen, Judge.
Civil. Remands denial of disability insurance benefits to Social Security Administration, finding the administrative law judge applied flawed analyses to deny Stark’s claim.
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Opinions Feb. 22, 2016

February 22, 2016
The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday.

USA vs. Lon Campbell
15-1188
US District Court, Southern District of Indiana, Indianapolis Division
Tonya Walton Pratt, Judge.
Criminal. Dismisses appeal of Campbell’s sentence of 21 months in prison followed by three years of supervised release because he waived his right to appeal in district court.

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Opinions Feb. 18, 2016

February 18, 2016
Indiana Court of Appeals
David W. Gerth v. State of Indiana
29A02-1506-CR-693
Criminal. Reverses David Gerth’s convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance.

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Opinions Feb. 17, 2016

February 17, 2016
7th Circuit Court of Appeals
In Re: Biglari Holdings Inc. Shareholder Derivative Litigation. Chad Taylor and Edward Donahue v. Sardar Biglari
15-1828
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms ruling there was no demand futility in three transactions which sold holdings to Biglari Holdings CEO Sardar Biglari.
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Opinions Feb. 16, 2016

February 16, 2016
Indiana Supreme Court
Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, and Jerry L. Johnson
66S03-1509-PL-530
Civil plenary. Affirms denial of the Cotners’ adverse possession claim and reverses the grant of a prescriptive easement, finding that the sale of the 35-foot-wide strip of land by tax deed extinguished any and all interest the Cotners previously possessed.
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Opinions Feb. 15, 2016

February 15, 2016
Indiana Court of Appeals
Takesha Lashawn Sanders v. State of Indiana (mem. dec.)
45A04-1506-CR-648
Criminal. Affirms conviction of guilty but mentally ill of murder after a jury trial.

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Opinions Feb. 12, 2016

February 12, 2016
Indiana Court of Appeals
David J. and Susan L. MacFadyen v. City of Angola, City of Angola Plan Commission, and Trine University, Inc.

17A03-1506-CT-556
Civil tort. Affirms decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property near the MacFadyens’ property. The MacFadyens did not show they were aggrieved by the vacation.
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Opinions Feb. 10, 2016

February 10, 2016
Indiana Court of Appeals
Thomas A. Ambrose II v. Dalton Construction, Inc.

29A02-1407-CC-479
Civil collection. Clarifies on rehearing that there is a statutory requirement that modifications to a home improvement contract must be in writing, notwithstanding the language in Sees v. Bank One, Ind., N.A., 839, N.E.2d 154, 161 (Ind. 2005). But this does not change the result of the case and affirms denial of Ambrose’s motion for summary judgment and the entry of final judgment in favor of Dalton Construction on its complaint to foreclose a mechanic’s lien.
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Opinions Feb. 9, 2016

February 9, 2016
7th Circuit Court of Appeals
Debbie A. Stage v. Carolyn W. Colvin, Acting Commissioner of Social Security
15-1837
U.S. District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokklelen.
Civil. Vacates the denial of Stage’s application for supplemental security income, disability insurance benefits and disabled widow’s benefits. Finds the medical evidence does not support the administrative law judge’s decision that Stage could stand or walk for six hours a day; stoop, crouch, occasionally climb ramps or stairs; and lift or carry up to 20 pounds. Remands for further consideration.
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Opinions Feb. 8, 2016

February 8, 2016
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Opinions Feb. 5, 2016

February 5, 2016
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Opinions Feb. 4, 2016

February 4, 2016
Indiana Court of Appeals
State of Indiana v. Chad T. Mooney, Brittany McCool
82A04-1505-CR-266
Criminal. Affirms denial of the state’s motions for relief from judgment regarding the trial court’s orders permitting Mooney and McCool’s driving privileges to be reinstated without proof of future financial responsibility. The state has not established prima facie error in the trial court’s denial of its motions for relief from judgment. 
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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