Opinions Aug. 4, 2011

August 4, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Terrence Williams v. State of Indiana
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.  

J.W.B. v. Review Board
Agency appeal. Reverses administrative law judge’s denial of J.W.B.’s motion for a continuance of his unemployment insurance appeal hearing and the judge’s decision to proceed to disposition without his participation. The ALJ abused her discretion by denying the requests for a continuance. Remands with instructions to the Review Board of the Indiana Department of Workforce Development to grant J.W.B. a hearing upon due notice.

Cynthia Welch v. Shawn D. Young, et al.
Civil tort. Reverses summary judgment for Shawn Young and remands for further proceedings. There are issues of fact as to whether the injury took place on the field or outside the playing area, and whether the game had started. Affirms dismissing Young to the extent his potential liability was premised on his status as an employee of a governmental entity.

Lisa Fouce v. State of Indiana (NFP)

Criminal. Affirms convictions of and sentence for Class C felony forgery and Class D felony theft.

Robert Holland v. Manufacturers and Traders Trust Co., et al. (NFP)
Civil plenary. Affirms judgment in favor of intervenor Richard Loveless in Robert Holland’s quite title lawsuit.

Roy Kelley, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony aggravated battery.

Timothy & Stephanie Mackall v. Cathedral Trustees, Inc. (NFP)

Civil collections. Affirms the trial court had subject matter jurisdiction to enforce its judgment entered in favor of Cathedral for the Mackalls’ breach of contract or non-payment of tuition.

Roy Austin Smith v. State of Indiana (NFP)
Civil plenary. Affirms partial summary judgment to the Indiana Department of Correction regarding whether he filed a notice with the Indiana attorney general and IDOC within 180 days of his loss as required by the Indiana Tort Claims Act.

Bryan E. Clark v. State of Indiana (NFP)
Criminal. Affirms 12-year sentence executed in the Department of Correction.

Betsy Waters v. Indiana State University (NFP)
Agency appeal. Reverses denial of worker’s compensation benefits and remands for proceedings consistent with the opinion.

Adoption of X.B.M.; H.P. and A.P. v. K.M. (NFP)
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.

Joel T. Martinez v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.

Marcus Bailey v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court posted no opinions at IL deadline.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.