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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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