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Opinions April 24, 2013

April 24, 2013
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Indiana Court of Appeals
Joshua McCaine Pillow v. State of Indiana
71A04-1206-CR-325
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges had been forfeited for life. There was sufficient evidence Pillow operated a motor vehicle and his driving privileges had been forfeited for life, which is all the state is obliged to prove under I.C. 9-30-10-17.

State of Indiana v. Darrell Keck
67A01-1208-CR-362
Criminal. Affirms suppression of evidence arising from traffic stop that led to misdemeanor drunken-driving charges. The state did not have reasonable suspicion to stop Keck, who was driving left of center because of poor road conditions.

Ryan Shelby v. State of Indiana

87A01-1207-CR-313
Criminal.  Affirms convictions of murder, Class D felony obstruction of justice and two counts of Class A misdemeanor false informing. The trial court’s February 2, 2010, order regarding Shelby’s access to the crime scene was entirely reasonable. The manner in which the trial court instructed the jury did not contribute to any cumulative error. Affirms in all other respects.

Dennis Barnett v. State of Indiana (NFP)
49A02-1207-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Pollack v. State of Indiana (NFP)

84A04-1207-CR-374
Criminal. Affirms probation revocation and order that Pollack serve 464 previously suspended days.

In Re the Marriage of: Lisa C. Medley v. Frederick A. Medley (NFP)
49A04-1205-DR-223
Domestic relation. Affirms finding of contempt against the mother based on her interference with the father’s parenting time, and affirms the determination of father’s child support obligation. Reverses finding that mother was in contempt for claiming children as dependent exemptions on taxes. Remands for further proceedings.

Robert L. Johnson, Barbara Johnson, Peace Building Communities, The Professional Groups of the Millennium, LTD., and God's New Covenant Church v. Peace Baptist Church, Inc. (NFP)
45A03-1206-CT-285
Civil tort. Affirms order in favor of Peace Baptist Church, finding Robert and Barbara Johnson liable of conversion. Remands for a determination on Robert Johnson’s counterclaim for malicious prosecution.

Inner Circle Properties, LLC v. Jeffrey Beeks (NFP)

35A02-1210-SC-885
Small claim. Reverses denial of Inner Circle’s claim for $250 in attorney or collection fees and remands with instructions.

Wanda Strickler v. State of Indiana (NFP)
48A04-1208-CR-408
Criminal. Affirms sentence for Class C felony trafficking with an inmate.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued to Indiana decisions prior to IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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