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Opinions Jan. 23, 2014

January 23, 2014
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Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.

Chubb Custom Insurance Company, et al. v. Standard Fusee Corporation
49A02-1301-PL-91
Civil plenary. Reverses summary judgment and award of defense costs in favor of Standard Fusee Corp. Concludes that the total pollution exclusion clause in Chubb Custom’s comprehensive general liability insurance policies is applicable to Standard Fusee’s liability for the release of perchlorate and therefore its duty to defend and indemnify is not triggered.

Johnathon R. Aslinger v. State of Indiana
35A02-1303-CR-296
Criminal. The trial court erred in admitting the evidence seized in violation of Aslinger’s Fourth Amendment rights and in imposing consecutive habitual substance offender sentence enhancements. Reverses convictions of possession of methamphetamine and paraphernalia and remands in Case No. 127. Instructs the trial court order the HSO enhancements be served concurrently. Concludes that, in Case No. 152, the trial court did not err in excluding Aslinger’s jury instruction, and his sentence for dealing methamphetamine is not inappropriate in light of the nature of the offense and character of the offender. Judge Robb concurs in separate opinion.

State of Indiana v. DeAngelo Banks
49A02-1303-CR-235
Criminal. Affirms grant of Banks’ motion to suppress his confession of murder. The record reveals that the detective’s advisement did not inform Banks that he had the right to have counsel present during the questioning at issue and thus failed to properly advise Banks of his Miranda rights. The trial court considered the evidence presented of Banks’ mental illness, heard his own testimony, and came to the conclusion that his statement was not voluntary. There is substantial evidence supporting the trial court’s conclusion.

Dexter Hawkins v. State of Indiana (NFP)
49A04-1305-CR-233
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

In the Matter of the Termination of the Parent-Child Relationship of: R.A.B. (Minor Child) and Z.T.B. (Mother) & R.W.B. (Father) v. The Indiana Department of Child Services (NFP)

02A03-1306-JT-234
Juvenile. Affirms termination of parental rights.

Tyrone Shelton v. State of Indiana (NFP)
71A04-1308-CR-387
Criminal. Affirms conviction of Class B felony serious violent felon in possession of a firearm.

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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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