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Opinions Feb. 27, 2013

February 27, 2013
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Indiana Court of Appeals
Lamont Holloway v. State of Indiana
49A02-1207-CR-548
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft. The evidence was sufficient to support the convictions.

In the Matter of the Paternity of G.W., J.W. v. R.M.

22A01-1205-JP-234
Juvenile. Reverses denial of mother’s two motions to dismiss the paternity action commenced by R.M. R.M. cannot serve as G.W.’s next friend, and R.M. failed to timely register with the Putative Father Registry, so he impliedly consented to the adoption of his minor child and is now barred from establishing paternity.

Midwest Minerals, Inc. v. Fred L. Wilson, Rick Jenkins, Joseph Kenworthy, Michael Tewell, and James Clayton, et al.

84A04-1205-MI-258
Miscellaneous. Affirms judgment in favor of the Board of Zoning Appeals of the Area Plan Commission of Vigo County and the Board of Commissioners of Vigo County on Midwest Minerals’ complaint alleging inverse condemnation and seeking damages. The trial court didn’t err when it concluded that the 17-month period from the time that the public water condition was implemented until it was reversed did not constitute inverse condemnation.

Storm Damage Specialists of America d/b/a America's SDS Construction, Inc. v. Melissa A. Johnson and Michael B. Johnson

64A03-1209-CT-386
Civil tort. The trial court properly entered judgment in favor of the Johnsons after Storm Damage Specialists collected an insurance check and failed to perform any work on the Johnsons’ roof. Finds the court erred when it ordered Storm Damage Specialists to pay four times the $4,224.78 compensatory damages amount. Remands with instructions the trial court award treble damages and reduce the total judgment award by $4,224.78.

Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.

Michael Chambers v. State of Indiana (NFP)

53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.

Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.

Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.

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

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  1. 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.

  2. 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?

  3. 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

  4. 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.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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