ILNews

Opinions Feb. 27, 2012

February 27, 2012
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The 7th Circuit Court of Appeals. Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Arc Construction Management, LLC, and Alan Muncy v. John Zelenak and Cecilia Zelenak
10A01-1106-CT-247
Civil Tort. Affirms and remands case involving a home construction lawsuit, finding that trial court didn’t err in denying summary judgment on the former homeowners’ claim of breach of implied warranty of habitability.

Augustus Mendenhall v. State of Indiana
29A02-1104-CR-353
Criminal. Reverses trial court on grounds that a Class B felony conviction of aggravated battery and Class A felony conviction for robbery resulting in serious bodily injury violate Indiana’s probation against double jeopardy. Remands with instructions to reduce robbery conviction to a Class C felony.

Timothy Jester v. State of Indiana (NFP)
02A05-1108-CR-495
Criminal. Affirms Class B misdemeanor public intoxication conviction, finding evidence was sufficient to support the conviction and the court will not reweight evidence.

N.L. v. State of Indiana (NFP)
52A02-1110-JV-1051
Juvenile. Affirms juvenile’s commitment to the Indiana Department of Correction, finding that the court did not abuse its discretion in that placement because of N.L.’s growing juvenile history, conduct while on probation and failure to participate in services offered.

David Fonseca v. State of Indiana (NFP)
49A02-1107-CR-605
Criminal. Affirms Class A misdemeanor battery conviction, finding evidence was sufficient to support the conviction.
 
Jennifer Howard v. State of Indiana (NFP)
49A02-1108-CR-684
Criminal. Affirms Class A misdemeanor domestic battery conviction, finding that evidence was sufficient to support her conviction and the court will not reweight evidence.
 
Donald C. Newlin v. State of Indiana (NFP)

32A01-1109-CR-444
Criminal. Affirms the trial court’s finding that probation revocation sentences were required to be served consecutively and that Donald C. Newlin wasn’t entitled to credit for time served in Putnam County. Appellate court also held trial court didn’t abuse its discretion in ordering Newlin to serve entire previously suspended sentence.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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