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Opinions Feb. 23, 2012

February 23, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

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

Indiana Court of Appeals

Eriberto Quiroz v. State of Indiana
49A02-1107-CR-577
Criminal. Reverses Quiroz’s conviction of Class C felony child molesting because that conviction along with a Class A felony child molesting conviction constitutes double jeopardy as the same evidence supports both convictions. Remands for the trial court to vacate the Class C felony conviction. The trial court did not commit fundamental error in including in the jury instructions a copy of the charging information that included the counts against Quiroz that had previously been dismissed.

Bernard Short v. State of Indiana
49A02-1105-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated. The trial court did not abuse its discretion by admitting the results of the certified chemical breath test nor did it err by rejecting Short’s proposed jury instruction.

Keith Woodson v. State of Indiana
49A02-1108-PC-768
Post conviction. Affirms denial of petition for post-conviction relief. The post-conviction court was not clearly erroneous in finding that attorney Harper’s cross-examination of Owens and Johnson was not ineffective and that Harper was not ineffective for not attempting to procure the services of an eyewitness identification expert for Woodson’s second trial.

In the Matter of the Guardianship of John S. Zakrowski; Marsha L. Cummins v. Thomas L. Zakrowski (NFP)
71A03-1105-GU-259
Guardianship. Affirms denial of Cummins’ application for permission to participate in the guardianship proceedings.

S.D. v. B.D. (NFP)
41A01-1104-DR-170
Domestic relation. Affirms granting primary physical custody to mother. Reverses finding of contempt for father’s failure to pay for day care.

Sandra Rivas v. State of Indiana (NFP)
49A02-1106-CR-544
Criminal. Affirms conviction of Class D felony theft.

Jeffrey Roser v. Jennifer Roser (NFP)
38A02-1106-DR-502
Domestic relation. Affirms decision to lower father’s obligation to the minimum support obligation and remands for the trial court to revise the obligation to $18.

Daniel O'Reilly v. Ruth Doherty (NFP)
29A04-1108-DR-399
Domestic relation. Affirms order husband pay $30,000 of wife’s attorney fees.

Charles Smith v. State of Indiana (NFP)
58A01-1104-CR-191
Criminal. Affirms 20-year sentence for Class B felony dealing in a schedule II controlled substance.

Kenneth Willis Gibbs-El v. Arthur Hegewald (NFP)
49A02-1107-CT-747
Civil tort. Affirms dismissal of Gibbs-El’s complaint against a former employee of the Indiana Department of Correction.

Hawkins Auto Stores, Inc. v. Brent F. Hehr (NFP)
89A01-1110-SC-461
Small claim. Affirms order that Hawkins Auto Stores pay Hehr $3,395 for repayment of funds paid by Hehr for services he never received.

Joseph Apongule v. State of Indiana (NFP)
29A04-1109-CR-543
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
 

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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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