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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. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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