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Opinions Aug. 13, 2014

August 13, 2014
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The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court

Joshua Gomillia v. State of Indiana
49S02-1408-CR-521
Criminal. Affirms total executed sentence of 40 years imposed following a plea agreement to one count of Class A felony criminal deviate conduct and one count of Class B felony robbery. The nature and circumstances of the crime included the trial court’s discussion of the leadership role Gomillia played in the commission of the offenses, as well as the terror the victim suffered. Both are appropriate reasons justifying a sentence greater than the advisory term.

7th Circuit Court of Appeals
Peabody Midwest Mining LLC, formerly doing business as Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, and Secretary of Labor, Mine Safety and Health Administration
13-1659
Review of order. Denies Peabody’s petition for review of the administrative law judge’s decision to uphold a citation for not having a protective mound along the outer bank of elevated roadways. Substantial evidence supports the commission’s determination that a bench – a ledged cut into the side of the pit – to and from the dragline constitutes a roadway, even during the dragline move, thus requiring the berms, or protective mounds; and the ALJ’s decision that the company violated regulations by failing to maintain a berm on two-tenths of a mile of the bench.

Wednesday’s opinions
Indiana Supreme Court

Douglas A. Guilmette v. State of Indiana
71S04-1310-CR-705
Criminal. Affirms denial of Guilmette’s motion to suppress DNA evidence found in blood on his shoe. Evidence properly seized by police may be examined and subjected to scientific testing without further warrant.

Indiana Court of Appeals
SCI Propane, LLC; South Central Indiana Rural Electric Membership Corporation; et al v. Courtney Frederick, as Personal Representative of the Estate of Stephen Frederick, deceased
55A04-1211-PL-586
Civil plenary. Affirms award of attorney fees to the estate because, although the General Wrongful Death Statute does not explicitly provide for the recovery of attorney fees, it does specify that damages are not limited to those enumerated in the statute. Finds the trial court abused its discretion in calculating the amount of the fees. Remands with the trial court to revise its award so that it is consistent with the contingency fee agreement between the estate and its counsel. Also finds the trial court did not err when it reduced its award of attorney fees according to fault allocation because its award was compensatory in nature and subject to the state’s Comparative Fault Act.

Joshua Frierson v. State of Indiana (NFP)
45A05-1312-CR-596
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class D felony resisting law enforcement.

Maurice Hamler v. State of Indiana (NFP)
49A05-1312-CR-609
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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