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Opinions April 18, 2013

April 18, 2013
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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.
 

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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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