ILNews

Opinions Dec. 9, 2010

December 9, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
57S04-1006-CR-317
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.

Today’s opinions
7th Circuit Court of Appeals

American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
49A02-1001-CR-37
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.

State of Indiana v. Richard J. Laker, Jr.
24A04-0912-CR-736
Criminal. Affirms the grant of Laker’s motion to dismiss the charges against him: Class D felony operating a motor vehicle while privileges are suspended, two counts of Class C misdemeanor operating a vehicle while intoxicated, and Class D felony operating a vehicle while intoxicated with a prior conviction thereof. The charging information was deficient because the charges did not inform Laker whether he needed to defend against operating the Lexus or the farm tractor. Judge Vaidik concurs in part and dissents in part.  

Brenda Truedell-Bell v. Marion County Treasurer and Auditor
49A04-1003-MI-215
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.

Lashann Montez Winfield v. State of Indiana (NFP)
46A03-0909-CR-413
Criminal. Affirms conviction of Class D felony failure to register as sex offender.

James A. Bridges v. State of Indiana (NFP)
49A02-1003-CR-373
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1005-CR-478
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Purcell Turner, Jr. v. State of Indiana (NFP)
71A03-1004-CR-217
Criminal. Affirms conviction of Class C felony burglary.

Donald Lee Smith v. State of Indiana (NFP)
16A05-1006-CR-360
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.

Felecia M. Rorer v. State of Indiana (NFP)
02A05-1005-CR-293
Criminal. Affirms sentence for Class C felony battery.

David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A05-1004-MI-225
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.

In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
49A02-1005-JC-630
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.

Kimberly Covey v. Steven Covey (NFP)
55A05-1004-DR-298
Domestic relation. Dismisses appeal of order dissolving marriage.

Tyson D. Warner v. State of Indiana (NFP)
48A02-1005-CR-548
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.

Jean Lukes v. Lisa A. Moore (NFP)
48A02-0909-CV-837
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.

Carlos M. Drane v. State of Indiana (NFP)
49A02-0912-CR-1251
Criminal. Affirms conviction of murder.

Troy Flanagan v. State of Indiana (NFP)
49A02-0910-CR-963
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.

Shanta Vance v. State of Indiana (NFP)
48A04-1002-CR-321
Criminal. Affirms revocation of probation.

Susan Kirk v. Aaron Kirk (NFP)
52A02-1005-DR-594
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.

Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
45A04-1004-JT-283
Juvenile. Affirms termination of parental rights.

Lewis Jerome McNeary v. State of Indiana (NFP)
18A02-1005-CR-580
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

James K. Bohannon v. State of Indiana (NFP)
40A01-1004-CR-190
Criminal. Affirms conviction of Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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

ADVERTISEMENT