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Opinions April 10, 2013

April 10, 2013
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7th Circuit Court of Appeals
Kevin B. McCarthy, et al., and Langsenkamp Family Apostolate, et al. v. Patricia Ann Fuller, et al.
12-2157, 12-2257, 12-2262
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. The District Court’s denial of McCarthy’s motion that the court take judicial notice of the Holy See’s rulings on Fuller’s status in the Roman Catholic Church is reversed, with a reminder to the district court that federal courts are not empowered to decide (or to allow juries to decide) religious questions. The other two appeals are dismissed.

Indiana Court of Appeals
Valentin Escobedo v. State of Indiana
71A03-1202-CR-60
Criminal. Affirms convictions and sentence for Class A felony battery and Class D felony neglect of a dependent. The trial court did not abuse its discretion by allowing Dr. Stephens to testify while limiting his testimony or in allowing the state to present rebuttal evidence.

Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.; Merom Generating Station
77A01-1206-CT-293
Civil tort. Affirms grant of summary judgment to Hoosier Energy Rural Electric Cooperative Inc. on Haggerty’s negligence claim. Hoosier Energy successfully negated the element of duty in Haggerty’s negligence claim.

In the Matter of A.W. & C.S., Children in Need of Services; and L.D., Mother v. The Indiana Dept. of Child Services (NFP)
49A02-1208-JC-692
Juvenile. Affirms determination that the two minor children are children in need of services.

Jake E. Estes v. State of Indiana (NFP)

39A01-1205-CR-214
Criminal.  Affirms conviction and sentence for dealing in marijuana as a Class D felony. Reverses and remands with instructions that the court vacate Estes’ conviction of possession of marijuana as a Class D felony based on double jeopardy principles. Judge Bailey dissents.

Timothy Miller v. State of Indiana (NFP)
06A04-1211-PC-591
Post conviction. Affirms denial of petition for post-conviction relief.

Jeff Rolston and Jana Rolston v. Brad's Realty and Property Management, LLC, and Dan L. Bradbury (NFP)
20A04-1209-CC-489
Civil collection. Affirms denial of the Rolstons’ motion to correct error on the judgment denying their claim for fraud, and the denial of Brad’s Realty’s motion to have the Rolstons pay attorney fees.

Demetrius Damon Taylor v. State of Indiana (NFP)
32A01-1205-CR-230
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal confinement enhanced because of the use of a firearm, Class D felony criminal recklessness, Class B felony robbery, Class A felony burglary, two counts of Class D felony theft and determination Taylor is a habitual offender.

Kevin Hester v. State of Indiana (NFP)
49A02-1205-CR-381
Criminal. Affirms sentence for murder.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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