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Opinions Feb. 25, 2014

February 25, 2014
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Indiana Court of Appeals
James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone
60A01-1304-PL-156
Civil plenary. Dismisses interlocutory appeal as untimely. Finds the arguments the Kindreds raised in appealing the denial of their motion to dissolve were based on information that was available when the trial court granted the preliminary injunction six months prior. Still, the COA notes it has ruled only that the Kindreds forfeited their right to an interlocutory appeal by failing to timely file. The Kindreds may yet attack the trial court’s interlocutory orders on appeal from the final judgment.  

John R. Pugsley v. State of Indiana (NFP)  
05A02-1306-CR-517
Criminal. Affirms conviction of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Derek A. Griffith v. State of Indiana (NFP)
89A01-1307-PC-300
Post conviction. Affirms denial of relief from convictions of Class C felony attempted burglary and finding of habitual offender.

Mark A. Petry v. State of Indiana (NFP) 
63A01-1306-CR-279
Criminal. Affirms conviction of Class B felony criminal deviate conduct, Class D felony sexual battery and Class D felony criminal confinement.

James R. Willey v. State of Indiana (NFP) 
06A05-1306-PC-268
Post conviction. Affirms in part and reverses in part denial of relief from convictions of felony murder and conspiracy to commit burglary, vacating a 50-year sentence on the latter charge because trial counsel failed to raise the argument that the convictions violated the prohibition against double jeopardy.

In Re the Visitation of L.W., D.W. v. G.W. and C.W. (NFP)
71A03-1308-JM-300
Juvenile. Dismisses as moot father D.W.’s appeal of a grandparent visitation order.

Angelo A. Liali v. Patsy Liali (NFP) 
34A02-1307-DR-640
Affirms order denying Angelo Liali’s motion to modify college support obligation and affirms indirect contempt finding for refusal to pay.

Joshua Batchelor v. State of Indiana (NFP) 
15A01-1305-CR-274
Criminal. Affirms order denying release of cash bond and money seized in a search of Batchelor’s home.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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