ILNews

Opinions Feb. 22, 2013

February 22, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. 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

  5. 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.

ADVERTISEMENT