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Opinions Jan. 24, 2012

January 24, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Antoine Hill v. State of Indiana
45S03-1105-PC-283
Post conviction. Holds that the appropriate standard for judging the performance of Post-Conviction Rule 2 counsel is the standard set forth in Baum v. State. Further holds that Post-Conviction Rule 2 counsel in this case did not violate Baum because she represented the defendant in a procedurally fair setting which resulted in a judgment of the court. Justice Sullivan concurs with separate opinion; Justice Rucker dissents.

Indiana Court of Appeals
Jessica Bowling v. State of Indiana
35A04-1107-CR-407
Criminal. Affirms denial of Bowling’s petition for permission to file a belated notice of appeal pursuant to Indiana Post-Conviction Rule 2. The agreement Bowling signed to waive her right to appeal the sentence is valid.

Violet M. Lockett v. Peggy Hoskins a/k/a Peggy J. Smith
49A02-1106-CT-552
Civil tort. Reverses award of attorney fees to Hoskins. Lockett’s claim for negligence was not unreasonable and she made a good faith and rational argument on the merits of the action. Declines Hoskins’ request for appellate attorney fees.

James R. Johnson v. State of Indiana
44A04-1105-PC-264
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in accepting Johnson’s guilty plea to Class A felony child molesting because the record shows he pleaded guilty to it at the same time he maintained his innocence. Remands for further proceedings.

Jeremiah Brown v. State of Indiana (NFP)
18A04-1105-PC-309
Post conviction. Affirms denial of petition for post-conviction relief.

Cordell G. Gage v. State of Indiana (NFP)
02A03-1103-CR-110
Criminal. Affirms conviction of Class C felony burglary and determination that Gage is a habitual offender.

In the Matter of the Term. of the Parent-Child Rel. of: J.W. & C.W. and M.W. v. Indiana Dept. of Child Services (NFP)
71A05-1105-JT-278
Juvenile. Affirms involuntary termination of parental rights.

Terry York v. State of Indiana (NFP)
49A04-1105-CR-247
Criminal. Reverses York’s Class A felony attempted robbery conviction and remands with instructions to enter judgment of conviction of Class B felony attempted robbery and resentence York accordingly.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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