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Opinions Feb. 28, 2011

February 28, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David E. Schalk v. State of Indiana
53A01-1005-CR-210
Criminal. Affirms conviction of Class A misdemeanor attempted possession of marijuana. Schalk arranged a drug buy to try to discredit a witness against his client. An attorney is not exempt from criminal law even if his only purpose is the defense of his client.

Tommie L. Dye v. State of Indiana
49A02-1007-CR-741
Criminal. Reverses conviction of failure to register as a sex offender as a Class C felony. Given the fact that Dye is illiterate, was not assisted when registering, and complied with Indiana Code Section 11-8-8-12(c) by appearing in person every seven days, the evidence is insufficient to convict him of failing to register as a sex offender.

Derrick Smith v. State of Indiana
79A04-1003-CR-139
Criminal. Vacates convictions of conspiracy to commit dealing in cocaine and dealing in cocaine, which were merged. Smith did not waive his right to be tried within 70 days and the trial court erred by not dismissing the charges.

B & B, LLC v. Lake Erie Land Company
45A04-1002-PL-183
Civil plenary. Reverses trial court’s grant of Lake Erie’s motion for judgment on the evidence and remands for further proceedings. The trial court erred in determining that B&B’s action was barred by the common enemy doctrine and that its claims against Lake Erie should have been permitted to proceed.

Hannah Lakes v. Grange Mutual Casualty Company
89A05-1009-CT-549
Civil tort. Reverses summary judgment for Grange Mutual. Finds Lakes is entitled to underinsured motorist coverage under her sister’s policy and that $44,900 is available to her under Grange Mutual’s coverage.

Jezrael Vaughn v. State of Indiana (NFP)
58A05-1007-CR-469
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Terrence T. Miller v. State of Indiana (NFP)
09A02-1009-CR-1014
Criminal. Affirms denial of request to withdraw guilty plea to Class B felony armed robbery.

Term. of Parent-Child Rel. of K.S.; T.S. & R.D. v. IDCS (NFP)
27A02-1007-JT-816
Juvenile. Dismisses cause with prejudice because the parents failed to timely file a notice of appeal.

M.A.-G. v. J.G. (NFP)
30A05-1002-DR-230
Domestic relation. Affirms denial of M.A.-G.’s motion to relocate.

Eric Markwith v. State of Indiana (NFP)
79A02-1007-CR-756
Criminal. Affirms revocation of placement in community corrections.

Rebecca Zoborosky v. Brian Zoborosky (NFP)
46A04-1010-DR-702
Domestic relation. Affirms dissolution decree that divided the marital assets.

Khaleeq Williams v. State of Indiana (NFP)
49A05-1007-CR-415
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Barry Johnson v. State of Indiana (NFP)
27A04-1006-CR-374
Criminal. Affirms revocation of probation.

Tyrone L. Jones v. State of Indiana (NFP)
49A02-1006-PC-687
Post conviction. Affirms denial of petition for post-conviction relief.

D.H. v. State of Indiana (NFP)
49A02-1005-JV-540
Juvenile. Affirms the true finding that D.H. committed Class C felony child molesting if committed by an adult.

Constance Phillips v. State of Indiana (NFP)
31A01-1007-CR-409
Criminal. Affirms revocation of probation and order Phillips serve part of the suspended portions of her sentences.

Merritt A. Salyer v. State of Indiana (NFP)
02A05-1006-CR-419
Criminal. Affirms convictions of Class D felony resisting law enforcement, and Class A misdemeanors resisting law enforcement and operating a vehicle on a highway while license is suspended or revoked.

The Paternity of M.C.; A.H. . Mi.C. (NFP)
30A01-1005-JP-256
Criminal. Affirms order awarding physical custody of daughter to Mi.C.

Gregory Jacob v. State of Indiana (NFP)
29A02-1004-CR-584
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony intimidation, Class C felony sexual battery, and Class B felony criminal confinement. Reverses sentence and remands with instructions for the trial court to issue an order and make any other docket entries necessary to revise Jacob’s sentence for criminal confinement, as a Class B felony, to 16 years.

Gregory Sausaman v. Jennifer Hutchens (NFP)
43A03-1008-DR-421
Domestic relation. Reverses order granting Hutchens’ motion for judgment on the evidence on Sausaman’s motion for a change of custody. Remands for further proceedings.

Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-513
Criminal. Affirms revocation of probation.

Angela L. Bauer v. David B. Bauer (NFP)
22A05-1003-DR-191
Domestic relation. Affirms order denying Angela’s motion for relief from judgment pursuant to Indiana Trial Rule 60(B).

Indiana Tax Court had posted no opinions at IL deadline.


The Indiana Supreme Court granted 4 transfers and denied 25 for the week ending Feb. 25.
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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