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Opinions Feb. 18, 2011

February 18, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.

Term. of Parent-Child Rel. of M.W.; M.B. v. I.D.C.S.
32A01-1006-JT-382
Juvenile. Reverses termination of parental rights. Given the Department of Child Services' agreement to give mother a second chance, her severe stroke, and her recent progress at stabilizing her life, the trial court’s findings aren’t supported by clear and convincing evidence.

Corvee, Inc. v. Mark French
84A04-1010-CC-696
Civil collections. Affirms the amount of attorney fees the trial court award Corvee in its successful collection action against French. There is no evidence that Corvee actually incurred $3,400 in attorney fees in attempting to collect the debt from French.

Steven Weinreb v. TR Developers, LLC, et al.
49A05-1003-CT-152
Civil tort. Affirms denial of Weinreb’s second Rule 60(b) motion alleging his signature on a loan guaranty was forged, negligence of his original attorney, and fraud on the part of an adverse party. The trial court did not abuse its discretion in denying his second motion because all of his alleged grounds for relief were known or knowable at the time of his first Rule 60(B) motion. Remands for a determination of whether TR Developers is entitled to an award of appellate attorney fees.

Indiana Spine Group v. Handleman Company
93A02-1008-EX-932
Civil. Reverses dismissal of Indiana Spine Group’s application seeking full payment for being time barred by statute. The statute of limitations under the Indiana Worker's Compensation Act only apply to claims of compensation and ISG’s claim seeks recovery for pecuniary liability. Remands for further proceedings.  

Antonio Gonzalez Vazquez v. State of Indiana
09A05-1008-CR-466
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony stalking, and Class D felony theft. His appearance in jail clothes during the bench trial did not deny him due process. There was no error in the admission of the uncontested evidence.

Carolyn Boss v. State of Indiana
49A02-1002-CR-225
Criminal. Affirms denial of Boss’ motion to dismiss the charging information on double jeopardy grounds. The trial court properly denied the motion when it concluded that the enforcement of various city ordinances did not constitute punishment and that the current prosecution was therefore not a second prosecution for the same crime. Judge May concurs in result.

Elsor Matthews, Jr. v. State of Indiana
27A02-1003-PC-370
Post conviction. Affirms denial of petition for post-conviction relief. Matthews hasn’t demonstrated the post-conviction court erred by determining he wasn’t prejudiced by any alleged error made by his trial or appellate counsel.

State of Indiana v. John Lovett
32A04-0910-CR-558
Criminal. Affirms on interlocutory appeal the pretrial order declaring certain proposed evidence from the state inadmissible as irrelevant or as hearsay. The state has not demonstrated the court’s order was an abuse of discretion.

James T. Bagby, Jr. v. State of Indiana (NFP)
34A02-1001-CR-158
Criminal. Affirms convictions of and sentence for two counts of Class B felony sexual misconduct with a minor.

James Wilhelm Jr. v. State of Indiana (NFP)
92A05-1006-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.

Sarah Allen v. State of Indiana (NFP)
48A05-1006-CR-460
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit burglary resulting in bodily injury.

Dennis Sanders v. State of Indiana (NFP)
49A02-1007-CR-784
Criminal. Affirms conviction of Class D felony operating a motor vehicle while a habitual traffic offender.

Holly Ann Lewis (Staggs) v. Diana Nicholson and Gary Staggs, Jr. (NFP)
53A01-1006-DR-316
Domestic relation. Reverses order granting paternal grandmother Nicholson visitation with Holly Staggs Lewis’ minor son.

Matthew A. Flores v. State of Indiana (NFP)
02A04-1007-CR-434
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Mary K. Layton v. State of Indiana (NFP)
90A02-1006-CR-681
Criminal. Affirms sentence following guilty plea to Class D felony theft.

The Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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