ILNews

Opinions April 14, 2011

April 14, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Diane Werner v. Gregory Werner

46A03-1008-DR-447
Domestic relation. Affirms order finding it would be in the children’s best interest for their father to be their primary physical custodian and awarding mother parenting time. Diane Werner waived her argument that the court used the wrong standard in determining whether to modify custody because she didn’t object at the custody hearing. The trial court’s findings are sufficient to support its judgment under the “best interests” standard. Judge Kirsch dissents.

Larry T. Bass v. State of Indiana

63A01-1007-CR-340
Criminal. Affirms convictions of and aggregate sentence of seven years with two years suspended for Class C felony child molesting and Class C felony attempted child molesting. Touching a child’s breasts or genitals isn’t required to sustain a child molesting conviction under I.C. Section 35-42-4-3(b). The trial court didn’t err by denying Bass’ motion for a directed verdict and he waived his claim of prosecutorial misconduct. There is no fundamental error on that issue.

Gloria Benefield v. State of Indiana
41A01-1006-PC-310
Post conviction. Affirms denial of petition for post-conviction relief. Her trial counsel’s decision not to object to the testimony regarding Benefield’s knowledge as to whether she was a certified qualified medication aide or to Jury Instruction 6 on the definition of “defraud” wasn't ineffective assistance of trial counsel. Benefield fails to carry her burden to establish that her attorney’s failure to object to the jury instruction created prejudice sufficient to that required for a finding of ineffective assistance of trial counsel.

Warren Parks v. State of Indiana (NFP)
24A01-1007-CR-358
Criminal. Affirms trial court did not abuse its discretion by denying Parks’ request to withdraw his guilty plea after he was sentenced for Class A misdemeanor check deception.

Judith Silverman and Morris Silverman v. Arden Johnson, et al. (NFP)

29A05-1006-PL-443
Civil plenary. Affirms judgment in favor of Johnson, Southern Companies Inc. and Southern Pediatrics LLC on the Silvermans’ complaint alleging, among other things, fraud, securities violations, theft, conspiracy, and breach of fiduciary duty.

Leonard J. Laraway v. Cathy A. (Laraway) Fisher (NFP)
29A05-1007-DR-430
Domestic relation. Vacates trial court order that found Leonard Laraway in arrears for child support and college expenses pursuant to a dissolution settlement agreement and in contempt for failure to make such payments. Remands with instructions to provide more specific findings on this issue or base the determination regarding Laraway’s salary and child support obligation on a signed and verified child support obligation worksheet.

Dennis Meadows v. State of Indiana (NFP)

61A01-1009-CR-483
Criminal. Affirms conviction of two counts of Class B felony burglary and one count of Class C felony burglary.

Paternity of T.B.; C.B. v. C.K. (NFP)
56A04-1008-JP-502
Juvenile. Affirms order which increased father C.K.’s parenting time with T.B. on a set schedule without imposing any restrictions on that parenting time.

Otis Chandler v. State of Indiana (NFP)

71A05-1005-PC-340
Post conviction. Affirms denial of petition for post conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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