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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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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