ILNews

Opinions April 18, 2013

April 18, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
United States of America v. Johnnie C. Collins
12-3317
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress evidence in drug case in which Collins entered a conditional plea of guilty to possession of crack with intent to distribute and possession of powder cocaine with intent to distribute.

Indiana Court of Appeals
Casey Walker v. State of Indiana
76A04-1204-CR-207
Criminal. Affirms conviction of Class A felony manufacturing methamphetamine and 30-year sentence. Walker has failed to establish that his mother was incompetent to give consent to search the residence. Moreover, there was undisputed testimony at trial that Walker’s wife gave verbal consent to search the residence, and Walker points to no evidence that he explicitly told the police that they could not enter his residence. Finds the police had consent to search the residence, and the trial court did not err by admitting the evidence.

TPUSA, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development
93A02-1207-EX-605
Agency action. Reverses the liability administrative law judge’s determination that TPUSA owes $125,666.33 to the Department of Workforce Development in unemployment insurance contributions, interest and penalties for 2010 when TPUSA had no employees in Indiana and paid no wages here. Holds that where an employer has ceased business operations in Indiana, no longer pays wages or has any employees in the state, and files accurate reports with the Department indicating such, this may be considered “reasonable cause,” as required by Indiana Code 22-4-11-4(b), so as to allow for an adjustment (i.e., reduction) in the amount of the estimated contribution. Remands for a $200 fine to be imposed.

William Wressell v. R.L. Turner Corporation
06A01-1301-PL-5
Civil plenary. Reverses summary judgment in favor of R.L. Turner Corp. on Wressell’s lawsuit claiming he was significantly underpaid for his work on two public works projects. RLTC is not entitled to attorney fees. The trial court abused its discretion in striking paragraphs 12-18 of Morrhead’s affidavit regarding fringe benefits. The designated evidence generates a genuine issue of material fact regarding whether some of Wressell’s work for RLTC was as a skilled carpenter or skilled laborer and on the question of payment of fringe benefits.

J.S. v. State of Indiana (NFP)
49A04-1209-JV-490
Juvenile. Affirms adjudication of Class D felony resisting law enforcement if committed by an adult.

Tory Simmers v. United Farm Family Mutual Insurance Company (NFP)
17A04-1211-CT-577
Civil tort. Affirms insurer is entitled to $5,000 set off and summary judgment.

Scott Miller v. State of Indiana (NFP)

44A05-1207-PC-376
Post conviction. Affirms denial of petition for post-conviction relief.

Tyronne J. Noel v. State of Indiana (NFP)

87A01-1211-CR-525
Criminal. Affirms conviction of Class B misdemeanor reckless driving for passing a stopped school bus.

Maximilian Spiegel v. State of Indiana (NFP)
49A02-1208-CR-687
Criminal. Affirms conviction of Class A felony child molesting.

Mark Vickery v. State of Indiana (NFP)
49A02-1209-CR-740
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Timothy J. Taylor v. State of Indiana (NFP)
49A05-1209-PC-476
Post conviction. Affirms denial of petition for post-conviction relief.

Jane M. Burkart v. State of Indiana (NFP)
46A03-1211-CR-465
Criminal. Affirms revocation of probation for failure to pay restitution.

Maura Leonard v. David Leonard (NFP)
49A04-1208-DR-439
Domestic relation. Affirms property distribution order in dissolution of marriage. The trial court erred in awarding the vehicle to the parties’ adult child and $4,000 in cash should have been included in the marital estate, but those errors were harmless. Declines to set aside dissolution decree.

Jevante Lancaster v. State of Indiana (NFP)
49A02-1208-CR-635
Criminal. Affirms revocation of probation and placement in Marion County Criminal Corrections.

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

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT