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Opinions Dec. 6, 2011

December 6, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Court of Appeals
A.A.Q. v. State of Indiana
71A03-1105-JV-239
Juvenile. Affirms judgment of juvenile court finding A.A.Q. a juvenile delinquent for committing an act that would have been Class A misdemeanor trespass if committed by an adult. Holds that A.A.Q. and his parents waived the right to counsel.

Tyronne Dickerson v. State of Indiana
45A04-1104-CR-160
Criminal. Affirms convictions of three counts of Class A felony dealing in narcotics, holding the trial court did not err in granting state’s request to allow a confidential informant to testify and that Dickerson was not able to prove that the testimony substantially tainted the entire trial.   

Continental Insurance Co., National Fire Insurance Co. of Hartford, Continental Casualty Co., and Columbia Casualty Co. v. Wheelabrator Technologies, Inc., and Waste Management Holdings, Inc.
49A02-1010-PL-1110
Civil plenary. Reverses trial court’s determination that Waste Management Holdings might be entitled to coverage under the insurers’ policies. Remands to trial court for proceedings consistent with opinion. Judge James Kirsch dissented without a separate opinion.

Bonita G. Hilliard, in her capacity as Trustee of the H. David and Bonita G. Hilliard Living Trust v. Timothy E. Jacobs
28A04-1106-CT-284
Civil tort. Affirms trial court’s ruling in favor of Jacobs, finding no merit in Hilliard’s due process and fundamental fairness concerns and that res judicata applies, as the issues have already been decided adversely to Hilliard.

Indiana Regional Recycling, Inc.v. Belmont Industrial, Inc.
49A02-1103-PL-263
Civil plenary. Reverses trial court’s summary judgment in favor of Belmont Industrial, holding that the trial court erred in granting Belmont’s cross-motion for partial summary judgment and motion for summary judgment based on its findings that Indiana Regional did not have an easement on Belmont’s property and that it erred in finding Belmont did not commit tortious interference with Indiana Regional’s contract with its tenant. Remands for further proceedings.

John V. Dora v. State of Indiana
07A01-1102-CR-51
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that warrantless searches did not violate Dora’s rights under the Fourth Amendment or under Article I, Section 11 of the Indiana Constitution.

Toshiano Ishii, Matthew Stone, Greg Hardin, Lisa Hardin, William Neely, and Michael Grider, et al. v. The Hon. William E. Young, Judge
49A02-1103-PL-316
Civil plenary. Affirms trial court’s order granting Judge William E. Young’s motion to dismiss, holding that the trial court did not err in finding that it lacked jurisdiction to issue a writ of mandamus or prohibition and that appellants lacked standing.

Toby Carroll v. State of Indiana (NFP)
48A04-1008-CR-572
Criminal. Affirms trial court’s order denying motion for jail time credit, holding Carroll was due no credit time for time served prior to sentencing.

Michael Anthony Castillo v. State of Indiana (NFP)
45A03-1104-CR-154
Criminal. Affirms sentence for Class C felony reckless homicide. Holds that while trial court abused its discretion by using an improper aggravating factor, Castillo’s sentence is not inappropriate in light of the nature of the offense and his character.

Cameron Jones v. State of Indiana (NFP)
49A04-1103-CR-102
Criminal. Affirms conviction of felony murder.

Spencer Norvell v. State of Indiana (NFP)
18A02-1104-CR-349
Criminal. Affirms conviction of Class C felony trafficking with an inmate.

A.D. v. State of Indiana (NFP)
49A02-1105-JV-451
Juvenile. Affirms true finding that A.D. committed an act that would constitute the offense of Class B felony attempted robbery if committed by an adult.

Term. of Parent-Child Rel. of H.B., B.B., and J.M.; C.M. v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A03-1104-JT-144
Juvenile. Affirms termination of mother’s parental rights.

Travis L. Anderson v. State of Indiana (NFP)
12A02-1103-CR-194
Criminal. Affirms sentence of six years, with one suspended to probation, for Class B misdemeanor visiting a common nuisance.

Gary Jones v. State of Indiana (NFP)
49A02-1105-CR-400
Criminal. Affirms conviction of Class D felony theft.

In Re the Marriage of: Duane Maxwell Jennings v. Richelle Danea Jennings (NFP)
49A04-1101-DR-60
Domestic relation. Holds that marriage dissolution decree committed a clerical error in not requiring the wife to transfer car title to the husband and remands for action consistent with opinion. Affirms decree in other regards.

Ronald Coldren v. State of Indiana (NFP)
34A04-1106-CR-320
Criminal. Affirms conviction of Class B felony robbery.

Toriano Meade v. State of Indiana (NFP)
49A02-1104-CR-363
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.

Louis D. Cole v. State of Indiana (NFP)
45A03-1105-CR-199
Criminal. Affirms sentence for Class A felony voluntary manslaughter.

Term. of Parent-Child Rel. of S.S., C.T., K.G.T., and K.M.T.; L.S. and A.T. v. Indiana Dept. of Child Services (NFP)
10A04-1102-JT-92
Juvenile. Affirms termination of parental rights for mother and father.

Indiana Supreme Court and Indiana Tax Court had issued no opinions as of IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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