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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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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