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
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
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.
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.
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)
Juvenile. Affirms termination of parental rights.

Charles Duncan v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

John Q. Lloyd v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.

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

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

Willie Joseph v. State of Indiana (NFP)
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)
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)
Criminal. Affirms conviction of and sentence for Class D felony theft.

Fayazz Chowdhry v. Estate of Mustansar L. Chaudhry (NFP)
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)
Criminal. Affirms partial denial of motion for credit time following revocation of probation.


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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit