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Opinions Feb. 22, 2012

February 22, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Jerrme Cartwright v. State of Indiana
82S01-1109-CR-564
Criminal. Affirms convictions of attempted battery and unlawful possession of a firearm by a serious violent felon. Finds no evidence of pretext in the state’s strike of venireperson Bard, the only African-American.

Joey Addison v. State of Indiana
49S05-1105-CR-267
Criminal. Uses the fundamental error doctrine to examine Addison’s Batson claim on appeal. The state’s mischaracterization of Turner’s voir dire testimony, its failure to engage Turner in any meaningful voir dire examination to explore his alleged undue reliance on the testimony of professionals, and the comparative juror analysis, when taken collectively, leave the firm impression that the state’s proffered explanation for striking venireperson Turner was a mere pretext based on race, making a fair trial impossible. Remands for a new trial.

Antwon Abbott v. State of Indiana
34S02-1202-CR-110
Criminal. Remands to the trial court to revise Abbott’s sentence from the maximum 20 years to 12 years for possession of cocaine as a Class B felony. But for the police officer’s choice of location in stopping the car in which Abbott was a passenger, he would have received no more than the maximum three-year sentence for possessing less than three grams of cocaine. Justices David and Dickson dissent.

Indiana Court of Appeals
Ernesto Gutierrez v. State of Indiana
44A03-1106-CR-257
Criminal. Reverses convictions of two counts of Class A felony child molesting. The trial court erred in admitting improper vouching testimony that invaded the province of the jury and prejudiced Gutierrez’s substantial rights. Remands for a new trial.

In the Matter of the Adoption of M.S.T.; R.P.M.T. v. C.K. and J.P. (NFP)
02A03-1106-AD-258
Adoption. Affirms grant of petition for C.K. and J.P. to adopt M.S.T.

Carol Showalter v. Donald Showalter (NFP)
20A03-1107-DR-332
Domestic relation. Remands for the trial court to explain its calculation of the parenting time credit and, if necessary, to recalculate the parenting time credit and father’s child support obligation. The trial court should also address the issue of whether son Brandt’s participation in ROTC should be credited toward his share of post-secondary education expenses.

Brent Goodman v. GMH Snyder Farms, Inc. (NFP)
53A05-1110-CT-531
Civil tort. Affirms order granting a motion to transfer venue from Monroe County to Montgomery County filed by GMH Snyder Farms.

Chuck W. Adams v. Mauro Chavez, M.D., Prison Health Services, Gil Kaufman, Craig Underwood, Dean Reiger (NFP)
49A05-1104-CT-218
Civil tort. Affirms summary judgment in favor of Chavez and other defendants on a complaint for medical malpractice.

LaDawn D. Johnson v. State of Indiana (NFP)
02A04-1106-CR-271
Criminal. Affirms conviction of and sentence for Class A felony battery.

Scott W. Bishop v. State of Indiana (NFP)
48A02-1108-CR-797, 48A05-1108-CR-441
Criminal. Affirms revocation of probation.

James Ingram v. State of Indiana (NFP)
49A02-1106-CR-578
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Philip Gregory Yeary v. State of Indiana (NFP)
78A01-1108-CR-388
Criminal. Affirms denial of motion to correct erroneous sentence.

Jeremy L. Hopkins v. State of Indiana (NFP)
48A02-1104-CR-342
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine.

Michael Dunfee v. State of Indiana (NFP)
79A03-1106-CR-279
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while driving privileges are forfeited for life, Class A misdemeanor operating while intoxicated in a manner that endangers a person, and being a habitual substance offender. Reverses order that Dunfee pay restitution.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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