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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
49A02-1101-CR-9
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
93A02-1101-EX-5
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.
79A02-1012-CT-1407
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)

27A04-1011-CR-695
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)
45A04-1004-PL-324
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)
48A02-1011-CR-1197
Criminal. Affirms sentence for Class B felony aggravated battery.

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

49A02-1104-CC-281
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)
77A05-1011-PL-726
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)
16A01-1011-CR-604
Criminal. Affirms 12-year sentence executed in the Department of Correction.

Betsy Waters v. Indiana State University (NFP)
93A02-1101-EX-78
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)
68A05-1012-AD-775
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.

Joel T. Martinez v. State of Indiana (NFP)
49A02-1012-CR-1325
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)
82A04-1012-CR-761
Criminal.  Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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