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Opinions Aug. 31, 2011

August 31, 2011
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The following opinions were posted after IL deadline Tuesday:
Indiana Supreme Court
Quincy Branham & Shannon Branham v. Rodney Varble & Carol Varble
62S04-1103-SC-139
Small claim. Reverses orders to pay $50 per month and the order Quincy Branham submit five job applications a week.  Affirms order to return for a status check. A court does not err when it orders a party to return for status checks some limited number of times, even if an information of contempt has not been filed.

Quincy Branham & Shannon Branham v. Rodney Varble & Norman Chastain
62S01-1103-SC-141
Small claim. Reverses order that Quincy and Shannon Branham pay on the judgment despite their lack of non-exempt income. The record doesn’t show that the Branhams have any property or income that is not covered by an exemption. Reverses order that Quincy file a certain number of job applications per week. Court orders to seek employment or to seek better employment are not a proper part of a proceeding supplemental.

Wednesday’s opinions
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Area Foundation of the United Methodist Church, Inc., d/b/a United Methodist Church, Bishop Michael Coyner, Ann Glass, and Robert Ostermeier v. Lynn Snyder
49A05-1011-CT-715
Civil tort. Reverses denial of the church’s motion for summary judgment on Rev. Snyder’s defamation claim. The church has made a prima facie showing that the trial court erred on this matter because the statements at issue involve Snyder’s fitness for ministry. Affirms summary judgment in favor of the church on Snyder’s breach of contract claim. The trial court couldn’t determine whether he had an enforceable contract without becoming excessively entangled in church doctrine in violation of the First Amendment. Remands for further proceedings.

Max H. Bonecutter v. Discover Bank
46A04-1009-SC-598
Small claim. Affirms small claims court judgment in favor of Discover Bank of $4,569.17 plus court costs. The trial court did not abuse its discretion in denying Bonecutter’s motion to dismiss under Trial Rule 41(E) for failure to prosecute. The evidence was sufficient to find that an agreement existed between Bonecutter and Discover and that Bonecutter was required to make payments, which he did not do.  

State of Indiana v. Stephen Alter
85A04-1101-CR-44
Criminal. Affirms grant of motion to suppress filed by Alter. The officers lacked reasonable suspicion to further detain Alter for investigatory purposes under the Fourth Amendment at the time one of the officer’s directed Alter to open a small bag and give him anything illegal or give him the marijuana.

Naomi Paddock v. Bradley K. Maikranz, et al. (NFP)
82A05-1010-CT-636
Civil tort. Affirms summary judgment for Maikranz and Fifth Third on Paddock’s suit alleging violations of the Indiana Uniform Securities Act, breach of fiduciary duty, and fraud.

Tony Benson v. State of Indiana (NFP)
71A05-1103-CR-90
Criminal. Reveres order granting Benson permission to file a belated notice of appeal and dismisses Benson’s appeal of his sentence.

Richard Swoboda v. Richard Stalbrink, Jr. (NFP)
46A04-1102-CT-39
Civil tort. Affirms summary judgment for Stalbrink Jr. in Swoboda’s claim for legal malpractice.

Aimee Cotton v. State of Indiana (NFP)
15A05-1101-CR-30
Criminal. Affirms conviction of Class D felony neglect of a dependent.

Eqwan Garrett v. State of Indiana (NFP)
49A05-1101-CR-2
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony pointing a firearm.

Jerry Perry v. State of Indiana (NFP)
49A02-1012-CR-1363
Criminal. Affirms convictions of and sentence for Class B felony burglary, two counts of Class C felony robbery, Class C felony conspiracy to commit robbery, and two counts of Class D felony criminal confinement.

Dohjae Kirkland v. State of Indiana (NFP)
49A02-1101-CR-6
Criminal. Affirms conviction of Class B felony robbery.

Nelson Gary, II v. State of Indiana (NFP)
49A02-1012-CR-1367
Criminal. Affirms convictions of Class B felony arson and three counts of Class C felony criminal confinement.

Term. of Parent-Child Rel. of I.N. and J.T-R.; D.R.N., Jr. v. IDCS (NFP)
20A03-1101-JT-19
Juvenile. Affirms involuntary termination of parental rights.

Steve A. Morrison v. State of Indiana (NFP)
29A02-1012-IF-1337
Infraction. Affirms finding that Morrison committed a Class C infraction of failing to yield the right-of-way to an emergency vehicle.

Melinda Engelking v. John T. Cosby (NFP)
03A01-1101-CC-17
Civil collection. Affirms judgment in favor of Cosby on his claim for breach of a land use agreement.

Richard L. Snider and Sherrie W. Snider v. European Warmblood Imports, Inc., Michael Pedersen and April Pedersen (NFP)
02A04-1009-PL-614
Civil plenary. Affirms denial of the Sniders’ motion to correct error based on newly discovered evidence.

Antonio D. Murillo v. State of Indiana (NFP)
09A05-1011-CR-689
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.

Jacob J. Cummings v. State of Indiana (NFP)
34A04-1103-CR-103
Criminal. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony possession of a syringe, and Class A misdemeanor possession of marijuana.

Donald Klinzman v. State of Indiana (NFP)
49A02-1003-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Jermail D. Warren v. State of Indiana (NFP)
20A05-1101-CR-94
Criminal. Affirms convictions of three counts of Class B felony dealing cocaine but reverses application of habitual offender sentencing enhancements to all three counts. Remands for removal of the enhancement from two sentences.  

Danny Grigsby v. State of Indiana (NFP)
49A02-1101-CR-41
Criminal. Affirms conviction of Class D felony theft.

Reo Jon'ta Thompson v. State of Indiana (NFP)
45A03-1012-CR-635
Criminal. Affirms sentence for two counts of murder in the perpetration of robbery.

Indiana Tax Court
Brenda Truedell-Bell v. Marion County Treasurer
49T10-1107-TA-46
Tax. Dismisses appeal. Truedell-Bell’s lack of a final determination from the Indiana Board of Tax Review deprives the Tax Court of subject matter jurisdiction.
 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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