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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. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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