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Opinions April 16, 2014

April 16, 2014
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Indiana Supreme Court
David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al.
02S05-1305-PL-364
Civil plenary. Reverses the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s additional parole conditions 4, 5, 17, 19 and 20, and remands with instructions that it enter an order enjoining the parole board from enforcing those conditions. Summarily affirms the Court of Appeals opinion with respect to its analysis of Bleeke’s additional parole conditions 8, 15, 17 and 19, and his challenges to Ind. Code §§ 11-13-3-4(g) and 35-42-4-11, and remands with instructions that the trial court also enter an order enjoining the parole board from enforcing conditions 8 and 15 unless it clarifies them first, and enjoining the parole board from enforcing those statutory parole conditions derived from the unconstitutionally overbroad labeling of Bleeke as an “offender against children.” Affirms the trial court’s grant of summary judgment in favor of the parole board with respect to Bleeke’s remaining additional conditions. Affirms the trial court’s grant of summary judgment to the parole board with respect to Bleeke’s claims about the constitutionality of the Sex Offender Management and Monitoring Program.

Indiana Court of Appeals
Daniel Dodd v. State of Indiana (NFP)
48A02-1310-CR-847
Criminal. Affirms sentence following guilty plea to Class B felony burglary; two counts of Class D felony theft; Class D felonies possession of a schedule IV controlled substance, unlawful possession of a legend drug, and unlawful sale of a legend drug; and possession of marijuana as a Class A misdemeanor.

Katrina Baker v. State of Indiana (NFP)
10A05-1308-CR-396
Criminal. Affirms conviction of Class A felony robbery.

Jeffrey L. Daniel v. State of Indiana (NFP)
41A01-1306-CR-294
Criminal. Affirms conviction and sentence for Class A felony burglary resulting in serious bodily injury.

Ontorio Frye v. State of Indiana (NFP)
49A02-1309-CR-793
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class B misdemeanor disorderly conduct.

Philip H. Chamberlain v. State of Indiana (NFP)
53A01-1305-CR-247
Criminal. Reverses order Chamberlain pay $15,000 in restitution. Because a restitution order cannot be based on an incident for which a defendant is not convicted and the court can’t determine from the trial record what Chamberlain’s counterfeiting conviction covers, the case is remanded for a determination of the amount of restitution, if any, the victim is entitled to for his counterfeiting conviction only.

Jimmy Isbell v. State of Indiana (NFP)
46A03-1306-CR-203
Criminal. Affirms sentence for Class A felony neglect of a dependent.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1308-CR-330
Criminal. Affirms conviction of Class D felony theft.

Chas J. Harper v. State of Indiana (NFP)
40A01-1307-PC-286
Post conviction. Affirms denial of petition for post-conviction relief and remands to the trial court with instructions to correct the sentencing order, abstract of judgment and chronological case summary to reflect that the 30-year habitual offender enhancement serves as an enhancement of Harper’s Class A felony dealing in methamphetamine sentence.  

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.P., Minor Child, and her Father M.J.P., M.J.P. v. Indiana Department of Child Services (NFP)
02A03-1309-JT-388
Juvenile. Affirms termination of parental rights.

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

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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