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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. 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.

  2. 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.

  3. 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.

  4. 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

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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