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Opinions Aug. 29, 2012

August 29, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Willis Pryor v. State of Indiana
49A02-1202-CR-101
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Pryor’s trial counsel’s failure to preserve his right to a jury trial denied Pryor effective assistance of counsel. Remands with instructions to vacate the conviction and hold a new trial by jury.

Auto-Owners Insurance Company v. Bill Gaddis Chrysler Dodge, Inc., Garrett Gaddis and Edward Foster
18A02-1112-PL-1087
Civil plenary. Affirms denial of Auto-Owner’s motion for summary judgment in the declaratory judgment action. The trial court did not abuse its discretion when it denied Auto-Owners’ motion to strike Foster’s response as untimely. The trial court should have stricken four late-filed affidavits, but the insurer didn’t show it was prejudiced by the denial of its motion to strike.

Margaret R. Smith and Darrell G. Smith v. JP Morgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, Dated as of June 1, 2003, et al. (NFP)
89A01-0702-CV-94
Civil. Affirms summary judgment in a foreclosure action brought by JPMorgan Chase Bank.

Edward LeFlore v. State of Indiana (NFP)
73A01-1111-CR-551
Criminal. Affirms convictions of Class A felony burglary, Class B felonies robbery and criminal confinement, Class C felony intimidation with a deadly weapon, Class D felony fleeing law enforcement, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender.

Robert Brandon v. State of Indiana (NFP)
20A05-1202-CR-53
Criminal. Affirms Class A felony robbery conviction and aggregate 60-year sentence. Orders burglary conviction be reduced from a Class A felony to a Class B felony and resentenced.

Term. of Parent-Child Rel. of J.K., M.K., and C.K. (Minor Children); and S.P. (Mother) v. Indiana Dept. of Child Services and Lake County CASA (NFP)
45A03-1201-JT-45
Juvenile termination of parental rights. Affirms involuntary termination of parental rights.

Jerry L. Ward, Jr. v. State of Indiana (NFP)
09A04-1201-CR-54
Criminal. Affirms denial of motion to withdraw guilty plea and affirms Ward’s sentence.

William N. Gerard v. Althea L. Gerard (NFP)
90A04-1112-DR-642
Domestic relation. Affirms award of attorney and expert witness fees to Althea Gerard in the action involving modification of William Gerard’s parenting time.

Timothy Tingle v. State of Indiana (NFP)
49A02-1110-CR-976
Criminal. Affirms admittance of evidence related to a duffle bag and its contents during a bench trial for various drug charges.

Jean D. Schoknecht v. Susan E. Dunlap f/k/a Hasemeier and f/k/a Scribner (NFP)
49A02-1201-CP-37
Civil plenary. Affirms dismissal of landlord Schoknecht’s complaint against tenant Dunlap pursuant to Indiana Trial Rule 41(E).

Eugene Strader v. State of Indiana (NFP)
49A02-1201-CR-57
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Bradley J. Vossberg, and Diana Jachimiak v. Glen A. Gray, Kimberly L. Gray, and Kevin Hardie, d/b/a The Hardie Group (NFP)
34A04-1110-PL-546
Civil plenary. Affirms award of damages to the Grays but reverses with regard to the award of damages to Hardie.

In the Matter of A.J.J.: J.J. v. S.H. (NFP)
71A03-1112-JP-568
Juvenile paternity. Affirms dismissal of motion to terminate support.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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