ILNews

Opinions April 24, 2013

April 24, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

ADVERTISEMENT