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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. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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