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Opinions, Aug. 3, 2011

August 3, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.

Martin Roy Emerson v. State of Indiana
07A01-1009-CR-486
Criminal. Affirms convictions of Class C misdemeanor operating a vehicle while intoxicated and Class C felony operating a vehicle while driving privileges are forfeited for life. The prosecutor’s questions regarding bullying during voir dire and suggestions during opening and closing arguments that Emerson was a bully did not amount to a fundamental error. Affirms in all other respects. Senior Judge Barteau dissents in part.

Brian D. Hayes v. Westminster Village North, Inc.
49A02-1010-CT-1141
Civil. Reverses summary judgment for Westminster Village North in Hayes’ survivor action for negligence caused by medical malpractice and claim for wrongful death. There is a dispute of fact as to whether Dorothy Rodarmel was mentally incompetent and therefore under a legal disability and Indiana’s Journey’s Account Statute applies. Remands for further proceedings.

Dustin L. Coleman v. State of Indiana (NFP)
05A02-1012-CR-1397
Criminal. Affirms conviction of Class B felony neglect of a dependent.

John G. Young v. State of Indiana (NFP)
89A01-1011-CR-574
Criminal. Affirms conviction of and sentence for Class B felony dealing in a schedule II controlled substance.

David W. Glasgow v. State of Indiana (NFP)
34A05-1012-CR-817
Criminal. Affirms conviction of Class D felony possession of marijuana.

Thaddeus Rodriguez v. State of Indiana (NFP)
64A05-1002-CR-69
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor resisting law enforcement.

Larry D. Nash-Aleman v. State of Indiana (NFP)
49A02-1011-CR-1183
Criminal. Affirms convictions of Class D felony strangulation, Class A misdemeanor domestic battery, and Class A misdemeanor interfering with the reporting of a crime.

Michael E. Hurst v. State of Indiana (NFP)
48A04-1010-CR-622
Criminal. Affirms sentence following guilty plea to Class D felony criminal recklessness.

Term. of Parent-Child Rel. of A.S., et al.; A.S. v. I.D.C.S. (NFP)
02A03-1012-JT-657
Juvenile. Affirms termination of parental rights.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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