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Opinions Feb. 25, 2011

February 25, 2011
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The following opinion was posted after IL deadline Thursday
Indiana Supreme Court
Jason D. Miller v. State of Indiana
08S02-1102-CR-108
Criminal. Grants transfer and remands for re-sentencing. Summarily affirms the remainder of the Court of Appeals opinion. The trial court amended the sentence to 30 years with no time suspended. This sentence was authorized, but the transcript suggests the trial court did so because it thought the state was correct in asserting that Indiana Code Section 35-50-2-2(i) required a minimum sentence of 30 years for a conviction of Class A felony child molesting. As indicated, however, a sentence of less than 30 years could have been imposed because section 2(i) does not set a minimum sentence.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Brian Holtzleiter v. Angela Holtzleiter
48A02-1006-DR-736
Domestic relation. Reverses denial of Brian’s petition to modify child support. He hasn’t waived his argument that he is entitled to modification of child support under the requirement that the current support obligation was 20 percent different from what would be required under the guidelines and it had been at least a year since the support order was issued. Remands for the issuance of a new child support order.

Paternity of D.L.; C.L. v. Y.B.
88A01-1002-JP-224
Juvenile. Grants rehearing to clarify the original opinion regarding the determination that the trial court erred in denying C.L.’s request to terminate his child support arrearage and affirms in all respects.

The Town of Plainfield, Indiana v. Paden Engineering Co., et al.
32A04-1005-PL-280
Civil plenary. Affirms orders granting partial summary judgment to Paden Engineering and Merchants Bonding Co. and Everest Reinsurance Co. on Plainfield’s claims for damages for breach of contract and for payment upon a performance bond. Paden has demonstrated the absence of a genuine issue of material fact and its entitlement to partial summary judgment as a matter of law upon Plainfield’s contractual claim for damages. The sureties have demonstrated the absence of a genuine issue of material fact and their entitlement to partial summary judgment as a matter of law upon Plainfield’s contractual claim for payment under a performance bond.

Monica Sexton v. State of Indiana (NFP)
30A01-1008-CR-479
Criminal. Affirms conviction of Class D felony aiding in obstruction of justice and reverses conviction of Class D felony conspiracy to commit aiding in obstruction of justice. Remands with instructions to vacate the conspiracy conviction and amend the sentencing order as appropriate.

Timothy J. Wilson v. State of Indiana (NFP)
49A02-1007-CR-725
Criminal. Affirms convictions of and 20-year sentence for Class B felony incest, Class D felony dissemination of a matter harmful to a minor, and Class A misdemeanor contributing to the delinquency of a minor.

Jeffery M. Ogle v. State of Indiana (NFP)
09A02-1007-CR-779
Criminal. Affirms conviction of Class D felony domestic battery and vacates Class B misdemeanor disorderly conduct conviction. Remands for a corrected sentencing order.

Carl S. Howard v. State of Indiana (NFP)
90A04-1010-CR-615
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

C.C. v. State of Indiana (NFP)
71A03-1008-JV-440
Juvenile. Affirms placement of C.C. in the Department of Correction.

David Pemberton v. State of Indiana (NFP)
49A05-1008-CR-516
Criminal. Affirms denial of motion requesting jail time credit in the amount of 769 days.

Knitcraft Corporation v. Raleigh Limited, Inc. (NFP)
49A04-1007-CC-397
Civil collections. Affirms judgment in favor of Raleigh in Knitcraft’s complaint for damages for breach of contract after it cancelled an order from Knitcraft.

Sayburt Huff v. State of Indiana (NFP)
71A03-1006-CR-392
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

D.P.T. Inc., et al. v. Western Union Financial Services (NFP)
49A04-1007-CC-426
Civil collections. Affirms summary judgment for Western Union in its suit against D.P.T. after someone used D.P.T.’s Western Union account to make several fraudulent transfers.

Thomas J. Towne v. Cindy Towne and State of Indiana (NFP)
68A05-1009-DR-585
Domestic relation. Affirms order finding Thomas in contempt for failure to pay child support to Cindy. Remands with instructions to amend the trial court order.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

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