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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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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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