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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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