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Opinions Dec. 28, 2010

December 28, 2010
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The following opinions were posted after IL deadline Monday:

Indiana Supreme Court
In the Matter of Jane G. Cotton
48S00-0910-DI-497
Discipline. Suspends Cotton for 30 days without automatic reinstatement for engaging in attorney misconduct in an improper ex parte communication with a judge and by engaging in conduct prejudicial to the administration of justice. Justice Sullivan dissents, arguing for at least a 90-day suspension.

Indiana Tax Court
Lake County Assessor, North Township Assessor, et al. v. Amoco Sulfur Recovery Corp., and BP Products North America, Inc. (NFP)
49T10-1010-TA-55
Tax. Denies Amoco and BP’s motion to dismiss.

Today’s opinions

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Richard Childress Jr. v. State of Indiana
45A03-0911-CR-520
Criminal. Affirms convictions of robbery and criminal confinement, both Class B felonies. On appeal, appellant-defendant raised the sole issue of whether the trial court erred in admitting evidence the state did not disclose until the second day of trial. Court of Appeals concluded the state’s late disclosure did not impair his right to a fair trial.

Warren L. Williams, et al. v. David Orentlicher, et al., as Trustees of the Indiana State Teachers Association Insurance Trust
49A02-1003-PL-249
Civil. Affirms trial court’s denial of Warren L. Williams and Robert Frankel’s motion to compel arbitration. Williams and Frankel are former employees of the ISTA. They also acted as fiduciaries with the ISTA Insurance Trust, an entity legally separate and distinct from the ISTA. At issue was whether the Trust was bound by the arbitration provisions of Williams’ and Frankel’s employment agreements with the ISTA.

Cynthia Ann Painter v. Lee Andrew Granderson (NFP)
65A04-1003-DR-203
Civil. Affirms trial court’s order that awarded custody of the parties’ minor daughter, R.K., to appellee-respondent father.

Natasha R. Lafave v. State of Indiana (NFP)
16A01-1006-CR-271
Criminal. Reverses and remands conviction of illegal possession of alcoholic beverages for consumption, a Class C misdemeanor.

Carla Tabor v. State of Indiana (NFP)
49A05-1006-CR-358
Criminal. Affirms conviction of obtaining a controlled substance by fraud or deceit, a Class D felony; reverses and remands conviction of possession of a controlled substance, a Class D felony.

Richard Huffman v. State of Indiana (NFP)
49A02-1008-CR-1057
Criminal. Affirms denial of petition for post-conviction relief related to an educational credit against the release date.

Termination of Parent-Child Relationship of A.P., et al.; K.G. and T.G. v. Indiana Dept. of Child Services (NFP)
23A04-1004-JT-334
Juvenile. Affirms trial court’s judgment terminating K.G. and T.G’s parental rights to their children.

Indiana Tax Court had 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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