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Opinions Feb. 6, 2013

February 6, 2013
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Indiana Court of Appeals
Walter E. Smith, Jr. v. State of Indiana
84A04-1112-CR-637
Criminal. Affirms conviction of Class A felony dealing in cocaine. The trial court did not abuse its discretion in refusing to use Smith’s tendered instruction because the substance of that instruction was covered by instructions given by the court nor in refusing to discharge Smith pursuant to Criminal Rule 4(B). The trial court also did not abuse its discretion in admitting at trial the cocaine evidence seized pursuant to a valid search warrant.

Pekin Insurance Company v. Jose and Carol Hanquier and Joseph Hall

55A04-1208-CT-401
Civil tort. Reverses Pekin Insurance Co.’s motion to correct error. The trial court erred when it failed to enforce the arbitration provision of the Pekin policy as required by Indiana Code 34-57-2-3(a). Remands with instructions.

James Newman v. Review Board of the Indiana Dept. of Workforce Development and Gagan LLC (NFP)
93A02-1206-EX-466
Agency action. Affirms denial of claim for unemployment benefits.

Joshua D. Preston v. State of Indiana (NFP)
35A04-1206-CR-291
Criminal. Affirms convictions of Class B felonies neglect of a dependent and battery.

Roman Lawson v. State of Indiana (NFP)
48A05-1205-CR-235
Criminal. Affirms conviction of Class B felony aggravated battery.

In the Matter of the Term. of the Parent-Child Rel. of: D.T., and A.M. v. The Indiana Dept. of Child Services (NFP)
49A05-1206-JT-285
Juvenile. Affirms termination of parental rights.

Jason Tye Myers v. Stason L. Wiete, Unknown Party, and W. Lafayette Police Department (NFP)

79A04-1206-CT-323
Civil tort. Affirms summary judgment for defendants on Myers’ action for malicious prosecution.

Amber D. Courtney v. State of Indiana (NFP)

56A03-1206-CR-282
Criminal. Affirms sentence following guilty plea to Class B felony possession of narcotic drug because it occurred within 1,000 feet of a family housing complex.

Term. of the Parent-Child Rel. of C.D., and A.D., minor children, and S.D., the mother: S.D. v. Indiana Dept. of Child Services, and Lake County C.A.S.A. (NFP)
45A03-1205-JT-242
Juvenile. Affirms involuntary termination of parental rights.

Shaun L. Steele v. Correctional Industrial Facility (NFP)
48A04-1207-SC-383
Small claim. Affirms decision to set aside default judgment entered against Correctional Industrial Facility.

Term. of the Parent-Child Rel. of J.D., J.D., J.D.,L.D., and La.D., (Minor Children), and J.D. (Mother) v. The Indiana Dept. of Child Services (NFP)
82A05-1206-JT-388
Juvenile. Affirms termination of parental rights.

Jarrell Marcell Ballard v. State of Indiana (NFP)
45A04-1206-CR-319
Criminal. Affirms convictions of Class A felony robbery, Class A felony burglary, Class B felony robbery, Class C felony battery and Class A misdemeanor battery.

Shannon N. Maiden v. State of Indiana (NFP)
89A04-1206-CR-330
Criminal. Affirms sentence following guilty plea to dealing in a schedule I controlled substance as a Class A felony because the offense occurred within 1,000 feet of a school.

David Edmonds v. Menards, Inc. (NFP)
93A02-1209-EX-712
Agency action. Affirms Worker’s Compensation Board’s determination that Edmonds suffers a 10 percent permanent partial impairment rating with regard to his spinal injuries, and reverses the board’s determination relating to Edmonds’ right shoulder injury. Remands to the board for a determination of whether Edmonds suffers permanent impairment with respect to his shoulder injury.

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. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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