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Opinions Feb. 22, 2013

February 22, 2013
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7th Circuit Court of Appeals
Northeastern Rural Electric Membership Corp. v. Wabash Valley Power Association

12-2037
Vacates preliminary injunction granted by the U.S. District Court of the Southern District of Indiana, and remands the case to the district court so it may remand it to state court. Found the federal court does not have jurisdiction because the key questions of whether the contract was valid and whether the contract was breached are not questions of federal law.

Indiana Supreme Court
K.W. v. State of Indiana
49S02-1301-JV-20
Juvenile. Affirms Court of Appeals reversal of trial court ruling designating K.W. a delinquent for resisting law enforcement, and orders the delinquency adjudication vacated. Justices held that evidence was insufficient that K.W. acted “forcibly” to resist a school resource officer when he pulled away as the officer was attempting to handcuff him.

Indiana Court of Appeals
Clematine Hollingsworth v. State of Indiana
49A02-1207-CR-617
Criminal. Affirms conviction for Class B misdemeanor public intoxication, holding that an amendment to the statute could not be retroactively applied.

Nathan Carl Gilbert v. State of Indiana
10A05-1204-CR-220
Criminal. Affirmed in part, reversed in part and remands for resentencing of a Kentucky inmate on four counts of burglary, holding he was denied due process at his sentencing hearing when he wasn’t allowed sufficient time to prepare or properly examine his pre-sentence investigation report. The court held that the “anti-shuffling” provision of the Interstate Agreement on Detainers was not violated when Gilbert was returned to Kentucky before his sentencing hearing could be held in Indiana because the proceeding did not constitute a trial as defined under that provision.

Joshua King v. State of Indiana

49A02-1204-CR-351
Criminal. Affirms King’s convictions for Class C felony battery, Class A misdemeanor battery, and Class D felony strangulation and remands for correction of the Abstract of Judgment which incorrectly lists King’s second battery conviction as a Class C felony. Ruled the court did not violate King’s rights under the Confrontation Clause when it admitted testimony given by a police officer based on statements from the victim. Also found the trial court did not abuse its discretion when it admitted recordings of calls of King discussing the crime from jail.

John Kennendy v. State of Indiana (NFP)
49A02-1206-CR-450
Criminal. Affirms conviction of Class D felony theft.

Shawn W. Nicosin v. William J. Mesaeh and Loretta D. Mesaeh (NFP)

11A01-1207-MI-308
Miscellaneous/grandparent visitation. Reverses and remands the trial court’s grant of visitation of G.N. with her maternal grandparents, holding that the court erred by deviating from the requirements established in In re Guardianship of A.L.C., 902 N.E.2d 343, 356 (Ind. Ct. App. 2009).

Kelvin Hampton v. State of Indiana (NFP)
84A04-1209-CR-483
Criminal. Reverses and remands a denial of request for return of $146 in $1 bills and a photograph seized during a search of his residence, holding there was no indication the state instigated civil forfeiture proceedings.

Kevin Smith v. State of Indiana (NFP)
45A04-1205-PC-264
Post conviction. Affirms denial of post-conviction relief on convictions of Class A felony rape and criminal deviate conduct, Class B felony criminal confinement and Class C felony sexual battery.

Pablo C. Gallo v. Sandra Moira Hyland (NFP)
79A02-1207-DR-624
Domestic relations. Reverses and remands the trial court’s distribution of marital property order with instructions that the court follow the statutory presumption of equal distribution of property or set forth its rationale for deviating from it.

The Indiana Tax Court issued no opinions prior to IL deadline.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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