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Opinions Jan. 29, 2013

January 29, 2013
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Indiana Court of Appeals
John Alden v. State of Indiana
30A01-1209-CR-412
Criminal. Affirmed trial court’s denial of petition to reduce Alden’s Class D felony conviction for operating while intoxicated to a Class A misdemeanor. In a review of the state statute covering the sentencing range for Class D felonies, the COA found the statute contained the word “may” instead of “shall” which gives the courts the freedom to deny petitions.

Michael L. Curtis v. State of Indiana

49A02-1203-MI-271
Miscellaneous. Reversed and remanded with instructions the trial court’s denial of Curtis’ Indiana Trial Rule 60(B) motion for relief from judgment following the forfeiture of his truck. The COA ruled that the pirated movies Curtis was selling from his truck do not constitute stolen or converted property and therefore he is not subject to I.C. 34-24-1-1(a)(1)(B), which allows forfeiture only in cases of theft or conversion but says nothing about copyright infringement.  

Seth Anderson v. Huntington County Board of Commissioners
35A04-1207-MI-357
Miscellaneous/public records. In a case of first impression, affirmed a public access counselor ruling that a request for emails that sought those to and from four public officials over a specified time period did not meet the requirement of the Access to Public Records Act that the requests be made with “reasonable particularity.” Even though records ultimately were provided as initially requested after a suit was filed, judges held that the PAC ruling and the county’s initial denial of the records for lack of reasonable particularity were not ARPA violations.

Kelly Coots v. State of Indiana (NFP)
15A05-1203-CR-155
Criminal. Affirms sentence of a maximum of three years in prison on a conviction of Class D felony theft.

Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1203-CR-118
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamime.

Rudy J. Smith v. State of Indiana (NFP)
53A04-1202-PC-280
Post conviction. Affirms denial of post-conviction relief.

Clarence Johnson v. Juana Johnson (NFP)
45A03-1202-DR-94
Domestic relations/dissolution. Affirms judgment of trial court in all respects.

Madelyn Smith v. State of Indiana (NFP)

49A02-1205-CR-408
Criminal. Affirms 10-year executed sentence for convictions of Class B felony neglect of a dependent, two counts of Class B felony battery, and three counts of Class D felony battery.

In Re: The Paternity of K.G.; J.G. and S.S. and A.S. (NFP)
49A05-1206-JP-307
Juvenile. Affirms trial court order awarding mother S.S. custody of daughter K.G.

Accessabilities, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1207-EX-551
Executive administration/worker’s compensation. Affirms Department of Workforce Development Review Board decision that an employee was not discharged for just cause.

Denise Polak and Dianne Rose and Dianne Rose, Lake County Trust Co., as Trustee for Trust #6041, and Jeanne Collins Living Trust, Dianne Rose, Trustee v. Tiffiny Jordan (NFP)
64A05-1205-PL-284
Civil plenary. Reverses trial court ruling joining Polak as a party to a suit filed by Jordan.

Ray Ortega v. Susko Corp., Inc., d/b/a Our Place (NFP)

45A03-1205-CT-219
Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.

Lanard E. Foster v. State of Indiana (NFP)
02A04-1207-CR-390
Criminal. Affirms concurrent three-year sentences for convictions of Class D felony domestic battery in the presence of a child under age 16 and Class D felony domestic battery with a prior domestic battery conviction.

Indiana Supreme Court and Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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