ILNews

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'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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