ILNews

Opinions Feb. 6, 2013

February 6, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT