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Opinions April 30, 2012

April 30, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

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

Indiana Court of Appeals

D.A. v. State of Indiana
49A02-1108-JV-692
Juvenile. Affirms juvenile court’s decision to order inpatient treatment for D.A. who entered into a plea agreement admitting to Class B misdemeanor battery if committed by an adult and “conditionally” agreed to admit to Class C felony child molesting, if committed by an adult. D.A.’s placement is consistent with the goals for his rehabilitation. The appellate judges do not have jurisdiction to resolve the issue of whether the trial court erred in accepting his conditional plea to the child molesting charge because there was no evidence of D.A.’s intent with regard to the molesting. The conditional plea is the equivalent to a withheld judgment so there is no final judgment or appealable final order from which to appeal.

Daniel P. Millikan v. Lori A. Eifrid
92A03-1109-PL-433
Civil plenary. Affirms trial court properly determined that Eifrid was the bona fide and innocent purchaser for value of a parcel of property when applying the doctrine of equitable subrogation. The trial court erred in ordering Millikan to pay Eifrid’s attorney fees because the court didn’t determine that Millikan had committed fraud that would entitle Eifried to recover those fees. Remands with instructions to vacate the award of attorney fees.

Dontevius Hutcherson v. State of Indiana
45A03-1109-CR-420
Criminal. Affirms convictions, including murder, attempted murder and robbery. Finds Hutcherson was afforded the opportunity to meet and question Lee face-to-face and therefore was not deprived of his right of confrontation under the state or federal constitutions. Due to the cumulative nature of evidence contained in Victor Lee’s prior statement, Hutcherson was not prejudiced when it was read aloud to the jury because Lee was illiterate.

Jason Jeffries v. State of Indiana
87A01-1102-CR-128
Criminal. Affirms the trial court properly denied Jeffries’ motion to set aside his guilty plea. The confusion regarding application of the habitual offender count to one cause and not the other does not rise to the level of a manifest injustice. His ineffective assistance of trial counsel claim also fails.

Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc.
32A01-1109-CC-429
Civil collection. Reverses denial of the chamber’s motion for summary judgment on Duncan’s breach of contract claim and remands with instructions. The most Duncan was entitled to in the event of a breach of contract by the chamber of the notice requirement was 30 days compensation, and the designated evidence does not create a genuine question regarding damages. Adopts the majority rule that “the summary discharge of an employee entitled under the employment contract to a specified period of notice ordinarily permits him to recover his compensation for the notice period only and not for the entire balance of the contract period.”

Jasper A. Wisdom v. State of Indiana (NFP)
82A01-1108-CR-380
Criminal. Remands for an inquiry into Wisdom’s ability to pay the $1,600 in restitution and, if appropriate, for adjustment of the restitution amount based on that factor.

State of Indiana v. Blake Lodde (NFP)
79A02-1111-CR-1067
Criminal. Reverses order granting Lodde’s motion to suppress evidence gathered during and after an investigatory stop of his vehicle. Remands with instructions.

Louis Amalfitano v. State of Indiana (NFP)
48A04-1108-CR-446
Criminal. Affirms convictions, including Class B felony criminal confinement, Class C felony battery resulting in serious bodily injury, and Class D felony exploitation of an endangered adult.

Brett A. Head-Mattingly v. State of Indiana (NFP)
82A05-1103-CR-127
Criminal. Affirms conviction of Class B felonies attempted burglary and burglary, and Class D felony theft.

Michael E. Kirk v. State of Indiana (NFP)
49A04-1111-PC-609
Post conviction. Affirms denial of petition for post-conviction relief.

Nancy A. Regula, as Administrator of the Estate of Daniel G. Young, Deceased v. HPG Corp., doing business as Cohen Brothers Metals Co. and Integrity Metals (NFP)
89A01-1109-CT-402
Civil tort. Affirms summary judgment in favor of HPG Corp. on a negligence claim.

J.M. v. State of Indiana (NFP)
18A02-1109-JV-817
Juvenile. Affirms adjudication for what would be Class B felony child molesting if committed by an adult.

C.F. v. M.R. (NFP)
30A01-1110-DR-467
Domestic relation. Affirms order granting M.R.’s motion to modify custody.

Rodney D. Craft v. State of Indiana (NFP)
66A03-1104-CR-145
Criminal. Affirms convictions of Class D felonies possession of reagents and precursors with intent to manufacture a controlled substance, possession of methamphetamine, and possession of cocaine.

 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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