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Opinions Jan. 17, 2012

January 17, 2012
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7th Circuit Court of Appeals
Lebamoff Enterprises v. Alex Hurley, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission
11-1362
Southern District of Indiana, Indianapolis Division
U.S. Judge Jane Magnus-Stinson
Civil. Affirms District judge’s grant of summary judgment for the state defendants, ruling against a Fort Wayne area wine retailer’s constitutional challenge to a state law that prevents retailers from shipping wine to consumers via a motor carrier. The appellate panel found that the state statute is not preempted by federal law. Judge David Hamilton issued a separate concurring opinion.

The Indiana Supreme Court had issued no opinions by IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of D.C. and J.C.; J.D.C. (Mother) v. Indiana Dept. of Child Services (NFP)
82A01-1105-JT-225
Termination of Parental Rights. Affirms trial court’s termination of a mother’s parental rights, finding the court didn’t abuse its discretion in denying a continuance and that sufficient evidence existed to support the termination.

Rebecca Herb v. State of Indiana (NFP)
02A03-1106-CR-251
Criminal. Affirms aggregate two-year sentence that had six months suspended to probation. Finds that the sentence imposed following a guilty plea was not inappropriate in light of the nature of the fraud and stolen property offenses and the defendant’s character.

Adrian Deshon Porch v. State of Indiana (NFP)
10A01-1012-CR-686
Criminal. Affirms woman’s conviction for dealing in cocaine, dealing a narcotic drug and possessing paraphernalia, finding the court didn’t abuse its discretion in admitting certain evidence and that the appeal is barred under the law of the case doctrine.

Tyrone Tapp v. State of Indiana (NFP)
82A05-1106-CR-275
Criminal. Affirms defendant’s conviction as a habitual offender, finding the trial court didn’t commit reversible error in denying a motion to dismiss the habitual offender allegation.
 
Rising Property Management, LLP v. Department of Metropolitan Development Board of Zoning Appeals and Glendale Partners, Inc. (NFP)
49A02-1107-MI-662
Miscellaneous. Affirms trial court’s decision upholding a ruling by the Metropolitan Board of Zoning Appeals to approve a petition for variance filed by Glendale Partners. Finds that Rising Property Management has not established that the quantum of legitimate evidence was so proportionately meager as to lead to the conclusion that the BZA’s findings were not rational.

Aliesha Youna v. State of Indiana (NFP)
49A04-1106-CR-336
Criminal. Affirms defendant’s convictions for criminal recklessness and criminal mischief following a jury trial, finding the trial court did not abuse its discretion in not declaring a mistrial after allegedly improper remarks from the prosecutor during closing arguments.

Brandi M. Holder v. State of Indiana (NFP)
87A01-1106-CR-288
Criminal. Affirms convictions for paraphernalia and marijuana possession, finding the trial court didn’t abuse its discretion in admitting seized evidence, admitting the test results of an item found in the vehicle, and instructing the jury on constructive possession.

Jerome Maxwell v. State of Indiana (NFP)
49A04-1101-CR-6
Criminal. Affirms defendant’s convictions on felony child molesting and aggregate 40-year sentence of incarceration, finding the trial court didn’t abuse its discretion or commit fundamental error, that the prosecutor didn’t commit misconduct, that the convictions weren’t double jeopardy violations and the sentence is appropriate.

Indiana Tax Court had issued no opinions as of IL deadline.

A transfer disposition list shows the justices denied transfer on 10 cases during a private conference last week.

 

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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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