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Opinions Feb. 21, 2011

February 21, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Joshua Burke v. State of Indiana
49A02-1006-CR-660
Criminal. Affirms conviction of Class B felony burglary. Indiana Code Section 35-43-2-1(1)(B)(ii), which enhances burglary from a Class C felony to Class B felony if the building or structure burgled is used for religious worship, does not violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.

Sheree Demming v. Cheryl Underwood and Kenneth Kinney
53A01-1005-PL-252
Civil plenary. Reverses summary judgment for Underwood and Kinney on Demming’s claims for breach of fiduciary duty and constructive fraud, as well as her request for the imposition of a constructive trust. The designated evidentiary materials create a genuine issue of material fact regarding whether Demming exercised sufficient control over Underwood’s activities to support the existence of an agency relationship and whether Underwood breached a common law fiduciary duty owed to Demming. Remands for further proceedings.

Jammy Daniels v. State of Indiana (NFP)
20A05-1006-PC-359
Post conviction. Reverses decision to decline to vacate Daniels’ habitual-offender sentencing enhancements. Remands for re-sentencing.

Donald Baker III v. State of Indiana (NFP)
49A05-1006-CR-349
Criminal. Affirms convictions of Class A misdemeanors battery and trespass.

Jimmy Vance v. Caesars Entertainment, Inc. (NFP)
31A04-1007-CC-501
Civil collections. Affirms judgment ordering Vance to pay Caesars Entertainment $75,000, money advanced to him from his established line of credit to gamble at the casino.

Joe E. Smitson v. State of Indiana (NFP)
82A04-1004-CR-248
Criminal. Affirms convictions of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a BAC of 0.08 or greater, which were later enhanced to Class D felonies after Smitson pleaded guilty to felony enhancements after he was convicted.

Kenneth Bradley v. State of Indiana (NFP)
34A04-1009-CR-595
Criminal. Affirms revocation of probation and execution of remainder of suspended sentence.

Juan Stallworth v. State of Indiana (NFP)
49A05-1007-CR-401
Criminal. Affirms convictions of Class D felonies battery and intimidation and Class A misdemeanors criminal recklessness and driving while suspended.

Rick Delon v. Timothy Rallings, et al. (NFP)
34A04-1006-PL-355
Civil plenary. Affirms judgment in favor of the Rallings on their complaint for breach of contract in the sale of residential real estate.

Eric Welch v. State of Indiana (NFP)
27A02-1007-CR-893
Criminal. Affirms aggregate 71-year sentence for four counts of Class A child molesting, three counts of Class B felony sexual misconduct with a minor, and Class A misdemeanor contributing to the delinquency of a minor.

Term. of Parent-Child Rel. of T.G.; P.D.G. v. IDCS, Vanderburgh County Office (NFP)
82A05-1007-JT-465
Juvenile. Affirms termination of parental rights.

Paternity of W.H.; S.S. v. D.L.H. (NFP)
35A02-1008-JP-987
Juvenile. Dismisses appeal by S.S. of trial court’s finding that there exists a preset order for college expenses for his child and the mother has the right to file for amendment of that order.

Adoption of T.L.; D.F., K.F. v. M.J. (NFP)
49A04-1005-AD-310
Adoption. Affirms denial of D.F. and K.F.’s cross-petition for adoption of T.L. and grant of the petition for adoption filed by T.L.’s half brother.

Duane Walters v. Home Bank, S.B., et al. (NFP)
55A01-1005-MF-193
Mortgage foreclosure. Reverses judgment of foreclosure and remands for further proceedings. Affirms the partial summary judgment upon the note borrowing money from Home Bank.

Term. of Parent-Child Rel. of J.J. and H.J.; H.A. v. IDCS (NFP)
64A03-1007-JT-358
Juvenile. Affirms termination of parental rights.

Scott Malott v. State of Indiana (NFP)
54A04-1006-CR-356
Criminal. Affirms convictions of and sentence for murder and Class B felony confinement.

Randall Spears v. State of Indiana (NFP)
49A02-1007-CR-726
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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