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Opinions Aug. 6, 2010

August 6, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. Jeffrey Brunner
57A04-1003-CR-121
Criminal. Reverses and remands with instructions trial court’s October 2009 order modifying Brunner’s August 2000 conviction from a Class D felony to a Class A misdemeanor. The parties raised two issues for review: whether the state’s appeal was authorized by law, and whether the trial court erred in granting Brunner’s petition for relief. The Court of Appeals held that Brunner’s request, nine years after the trial court’s entry of judgment, to reduce the Class D felony to a Class A misdemeanor was a petition for post-conviction relief, from which the state may appeal. The COA also held Indiana Code Section 35-50-2-7(b) does not authorize the relief granted.
 
James D. Callaway, et al. v. Hannah Callaway, et al.
28A04-0908-CV-467
Civil. Affirms jury verdict upholding validity of the Last Will and Testament of John L. Callaway. His sons appealed on the issues of whether the will was published in accordance with Indiana Code Section 29-1-5-3; whether the will was executed and witnessed in accordance with Indiana Code Section 29-1-5-3; and whether the trial court abused its discretion when it rejected one of the sons’ proposed jury instructions.
 
Raytheon Engineers & Constructors, Inc. v. Sargent Electric Company Ryerson Tull, Inc., et al.
45A04-0909-CV-524
Civil. Affirms grant of summary judgment to the third-party defendant, Sargent Electric Company. Raytheon Engineers and Constructors Inc., the third-party plaintiff in the trial court, appealed the grant of summary judgment and raised the following issue for review: whether the trial court erred when it granted Sargent’s motion for summary judgment. COA held Sargent did not breach its duty of care to Raytheon and that Raytheon is not entitled to indemnification from Sargent.
 
Rebecca Abbott v. Mainsource Financial Group
93A02-0912-EX-1261
Civil. Affirms single denial of Abbott’s application for adjustment of claim with the Worker’s Compensation Board of Indiana against her employer, MainSource Financial Group. Abbott sought compensation for two prescription medications she alleged she must take indefinitely as a result of her work-related injury. A single hearing judge concluded the evidence did not support her contention that the prescriptions were necessitated by her work-related injury. When she petitioned the full board to review the single hearing judge’s decision, the board affirmed the judge’s decision following a hearing.
 
Patrick Roberts, et al. v. Robert A. Feitz, et al.
71A04-0910-CV-581
Civil. Affirms the trial court’s judgment in favor of appellees-defendants Robert and Bob Feitz’ counterclaim, determining that the Feitzes are legal owners of the disputed access lane.
 
Crystal Summerlot v. State of Indiana (NFP)
85A02-1002-CR-303
Criminal. Affirms convictions of and sentences for two counts of Class C felony dealing in a schedule IV controlled substance.

David L. Green v. State of Indiana (NFP)
29A02-1002-PC-141
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Lester Rowe v. State of Indiana (NFP)
49A02-0911-PC-1061
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Justin A. Heintzelman v. State of Indiana (NFP)
02A04-0911-CR-648
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while suspended.
 
William Scott Phillips v. State of Indiana (NFP)
34A05-1003-CR-162
Criminal. Affirms sentence for Class D felony theft and Class D felony possession of a controlled substance.
 
Cynthia A. Soames v. Indiana Dept. of Natural Resources and Thomas A. Young/Young Oil Company (NFP)
49A05-0912-CV-726
Civil. Affirms trial court’s denial of Soames’ verified petition for judicial review of the Natural Resource Commission’s final order requiring her to refrain from interfering with Thomas Young/Young Oil Company’s efforts to plug three oil wells on her property.
 
Angel Braster v. Indiana Department of Child Services (NFP)
02A05-1002-PL-121
Civil plenary. Affirms trial court order upholding a finding of the Department of Child Services, which substantiated that Braster had abused a child in her care.
 
Julian D. Grady v. State of Indiana (NFP)
02A04-1004-CR-210
Criminal. Affirms conviction of robbery, a Class B felony; and pointing a firearm, a Class D felony.
 
Larry O. Holder Jr. v. State of Indiana (NFP)
63A01-1002-CR-65
Criminal. Affirms trial court’s order revoking probation and imposing the previously suspended portion of Holder’s sentence for burglary, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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