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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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