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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT