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Opinions Feb. 21, 2012

February 21, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Herbert Yanez v. State of Indiana
49A02-1104-CR-362
Criminal. Reverses conviction of possession of marijuana as a Class A misdemeanor and remands for further proceedings. There was no evidence presented as to why Yanez was stopped and the evidence presented didn’t establish the reasonableness of the state’s actions. Judge Barnes concurs in result in a separate opinion.

State of Indiana v. Christopher Vickers
88A05-1106-PC-317
Post conviction. Reverses grant of post-conviction relief to Vickers. The court erred by concluding that Vickers had not knowingly waived his right to counsel.

Paul K. Ogden v. Stephen Robertson, et al.
49A05-1101-CT-45
Civil tort. Affirms summary judgment in favor of defendants Robertson, et al., with respect to Ogden’s wrongful termination claim. The trial court did not err in finding that the Indiana Department of Insurance defendants did not violate Ogden’s rights under Article I, Section 9 of the Indiana Constitution, that Ogden did not derive due process rights from Executive Order 05-14, and Ogden improperly failed to exhaust his administrative remedies.

In Re: Indiana Newspapers, Inc. d/b/a The Indianapolis Star, Jeffrey M. Miller & Cynthia S. Miller v. Junior Achievement of Central Indiana, Inc.; Jennifer Burk; et al.
49A02-1103-PL-234
Civil plenary. Remands to trial court to apply modified Dendrite test to determine if the Indianapolis Star must provide information to Jeffrey Miller that would identify an anonymous online commenter.

Term. of Parent-Child Rel. of K.C. and K.M., Jr.; J.C. (Mother), B.D.T. (Father of K.C.) and K.M., Sr. (Father of K.M., Jr.) v. Indiana Dept. of Child Services (NFP)
20A03-1107-JT-314
Juvenile. Affirms termination of parental rights.

Charles Duncan v. State of Indiana (NFP)
17A03-1110-CR-446
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

John Q. Lloyd v. State of Indiana (NFP)
71A05-1105-CR-270
Criminal. Affirms conviction of felony murder.

Michael Lee Larry v. State of Indiana (NFP)
18A02-1106-CR-549
Criminal. Affirms sentence following guilty plea to two counts of Class B felony dealing in cocaine.

Tony V. Hawkins v. State of Indiana (NFP)
56A05-1110-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.

Willie Joseph v. State of Indiana (NFP)
49A02-1106-CR-570
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Dixie Diana Schulz and Joseph Schulz v. The Kroger Co., Kroger Limited Partnership I, Seven-Up American Bottling Co., The American Bottling Co., Dr. Pepper/Seven-Up Inc., et al. (NFP)
32A05-1107-CT-368
Civil tort. Affirms summary judgment in favor of Kroger and other defendants with respect to Kroger’s knowledge about the existence of hazardous conditions in its store.

Jay Wallace v. State of Indiana (NFP)
29A02-1107-CR-645
Criminal. Affirms conviction of and sentence for Class D felony theft.

Fayazz Chowdhry v. Estate of Mustansar L. Chaudhry (NFP)
46A05-1103-EU-118
Estate, unsupervised. Affirms grant of the motion to dismiss filed by the representatives of the estate of Mustansar Chaudhry.

Trina Stover Thorstenson v. State of Indiana (NFP)
42A01-1106-CR-287
Criminal. Affirms partial denial of motion for credit time following revocation of probation.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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