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Opinions April 23, 2012

April 23, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Richard Leggs v. State of Indiana
49A02-1105-CR-522
Criminal. Affirms convictions of and sentences for one count of Class B felony criminal confinement and one count each of Class C felony intimidation, Class C felony criminal recklessness, and Class A misdemeanor resisting law enforcement. Reverses one count of Class B felony criminal confinement, due to the continuing crime doctrine and remands for resentencing.

Nathan Abernathy v. Larry Bertram and Keith Broyles
33A04-1106-CC-317
Civil collection. Affirms trial court’s decision to omit the value of Abernathy’s crop insurance policy in the amount of damages it ordered Broyles to pay. Holds the trial court did not err when it denied Abernathy’s conversion claim because he did not prove by a preponderance of the evidence that Broyles and Bertram intended to exercise unauthorized control over Abernathy’s property.

Omni Insurance Group v. Lake Poage, Tonya Poage, Cody Bauer, Jill Bauer, Gary Bauer, and Allstate Insurance Company
92A03-1105-CT-208
Civil tort. Reverses summary judgment in favor of the appellees, holding that a genuine issue of material fact exists as to whether a teen was a resident of his mother’s household at the time of a crash and insured under her auto policy. Remands for trial.

Term. of Parent-Child Rel. of K.L.; P.L. (Father) v. Indiana Dept. of Child Services (NFP)
79A04-1110-JT-625
Juvenile. Affirms termination of parental rights.

Michael Rimschneider v. State of Indiana (NFP)
79A05-1105-CR-414
Criminal. Affirms denial of request to withdraw guilty plea.

Rodney D. Bledsoe v. State of Indiana (NFP)
48A02-1105-CR-442
Criminal. Affirms sentence for Class C misdemeanor operating a vehicle while intoxicated, Class C infraction driving left of center, Class D felony possession of cocaine, and Class A misdemeanor possession of marijuana.

John A. Hawkins v. State of Indiana (NFP)
49A04-1108-PC-424
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of Brenda S. Sanders and Paul R. Sanders, Paul R. Sanders v. Brenda S. Sanders (NFP)
76A03-1107-DR-398
Domestic relation. Affirms division of marital property and denies Brenda Sanders’ request for appellate attorney fees.

Jamal Rasheed Southern v. State of Indiana (NFP)
45A03-1107-CR-298
Criminal. Affirms denial of request for credit time.

In Re: The Marriage of Noelle Christine Green and Prentiss Lamont Green; Noelle Christine Green v. Prentiss Lamont Green (NFP)
49A02-1110-DR-932
Domestic relation. Dismisses appeal of magistrate’s entry regarding child support modification.

LBJA Investments, LLC v. Brian Kamuf and William K. Saalwaechter (NFP)
74A05-1105-PL-307
Civil plenary. Affirms court’s striking of portions of LBJA Investments’ motion for summary judgment, denial of its motion for summary judgment and grant of summary judgment in favor of Saalwaechter.

Alan Dwayne Gray v. State of Indiana (NFP)
45A04-1110-CR-517
Criminal. Affirms convictions of Class D felonies criminal recklessness and intimidation.

In the Matter of the Term. of the Parent-Child Rel. of A.K., F.C. v. Indiana Department of Child Services (NFP)
57A03-1108-JT-374
Juvenile. Affirms termination of parental rights.

 

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  1. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  2. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

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