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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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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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