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Opinions Jan. 28, 2011

January 28, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Keith Eberle v. State of Indiana
58A01-1003-CR-105
Criminal. Affirms convictions of Class D felony intimidation, Class C felony stalking, and two counts of Class B misdemeanor harassment due to text messages and phone calls from Eberle to an employer-issued cell phone that belonged to an Ohio County jail matron. Eberle raised four issues: whether the state established that Ohio County was a proper venue for trial; whether the trial court properly refused Eberle’s proposed venue instructions; whether sufficient evidence supports Eberle’s convictions; and whether the trial court’s failure to vacate lesser-included offenses that were merged for purposes of sentencing violated Indiana’s prohibition against double jeopardy.

Christopher West v. State of Indiana
24A04-1005-CR-342
Criminal. Affirms convictions of using fraud or misrepresentation in the offer or sale of a security, a Class C felony; the offer or sale of an unregistered security, a Class C felony; and the offer or sale of a security by an unregistered broker-dealer, a Class C felony. West raised the following issues: whether the trial court erred in denying West’s motion to dismiss; whether the trial court erred in instructing the jury; and whether there is sufficient evidence to support West’s convictions.
    
Dennis J. Turner v. State of Indiana (NFP)
06A05-1006-CR-427
Criminal. Affirms conviction of and sentence for burglary as a Class B felony.

State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Denies rehearing of Nov. 3, 2010, opinion regarding suppression of state’s evidence obtained pursuant to a search warrant that was invalid under the fruit of the poisonous tree doctrine.

Travis R. Rush v. State of Indiana (NFP)
09A02-1006-CR-637
Criminal. Affirms conviction of battery, a Class C felony.

John Wilson v. State of Indiana (NFP)
49A02-1006-CR-677
Criminal. Affirms conviction of three counts of reckless homicide as Class C felonies.

Luiz Alves v. Damon R. Leichty, et al. (NFP)
71A03-1005-PL-301
Civil. Affirms trial court’s grant of summary judgment in favor of Leichty and other appellees-defendants. Also affirms trial court’s entry of judgment on counterclaim of counterclaim plaintiff Barnes & Thornburg in the amount of $93,992.40 plus costs.


Nikol Hutnik v. State of Indiana (NFP)
30A04-1005-CR-298
Criminal. Affirms conviction of dealing in a schedule II controlled substance, a Class B felony.

O.V. v. State of Indiana (NFP)
49A02-1005-JV-574
Juvenile. Affirms juvenile court’s order modifying O.V.’s probation by removing him from his home and placing him in a rehabilitation and treatment center outside of his home county.

Pretiss Huff v. State of Indiana (NFP)
49A04-1008-PC-575
Post-conviction. Affirms denial of Huff’s petition for post-conviction relief.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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