ILNews

Opinions Jan. 19, 2012

January 19, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Chrysler Group, LLC v. Review Board of the Indiana Dept. of Workforce Development and T.A., et al.
93S02-1109-EX-565
Agency appeal. Affirms award of benefits to Chrysler employees offered a buyout. By Chrysler’s own words — to Congress and its own employees — Enhanced Voluntary Termination of Employment Program was part of a company-wide effort intended to avert twenty-nine manufacturing plant closures, twenty-two parts depot closures, and 53,000 layoffs. The board’s conclusion on this issue of ultimate fact was reasonable.

Indiana Court of Appeals
Tommy D. Alfrey v. State of Indiana
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01191203cjb.pdf
54A01-1104-CR-169
Criminal. Affirms convictions in three separate cause numbers of Class D felony residential entry, theft, escape and residential entry, Class A misdemeanor trespass, and revocation of probation. Intoxication is not a defense and Alfrey’s situation does not fall under the two narrow exceptions outlined in I.C. 35-41-3-5.

Fernando Contreras v. State of Indiana (NFP)
45A03-1106-CR-255
Criminal. Affirms sentence following guilty pleas to Class B felony burglary and Class C felony escape.

Beth E. Myers v. Rising Sun-Ohio County Community School Corporation (NFP)
58A05-1104-CT-193
Civil tort. Affirms summary judgment for the school corporation on Myers’ complaint asserting she was wrongfully discharged in retaliation for her workers' compensation claim.

Term. of Parent-Child Rel. of K.T.; K.A. (Father) v. Indiana Dept. of Child Services, and Lake County CASA (NFP)
45A03-1105-JT-207
Juvenile. Affirms termination of parental rights.

Raymond Benjamin Gray v. State of Indiana (NFP)
82A04-1106-CR-327
Criminal. Affirms sentence for convictions of Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

Marie Robinson v. State of Indiana (NFP)

67A01-1107-CR-306
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Stacey L. Certain v. State of Indiana (NFP)
91A02-1106-CR-546
Criminal. Reverses sentence for Class C felony operating a motor vehicle after forfeiture of license for life and remands with instructions to resentence Certain to the advisory sentence of four years.

Bart A. Dewald v. State of Indiana (NFP)
20A03-1010-CR-541
Criminal.  Affirms sentences for conspiracy to commit aggravated battery, criminal confinement, intimidation, pointing a firearm, and criminal recklessness, and remands with instructions to vacate one conviction of conspiracy to commit aggravated battery and resentence Dewald in accordance with the opinion. Judge Baker concurs in part and dissents in part.

I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Grants rehearing and affirms original decision reversing the juvenile court’s order of restitution. Remanded for a new restitution hearing.

Dominique Guyton v. State of Indiana (NFP)
49A02-1107-PC-724
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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