Opinions Jan. 29, 2013

January 29, 2013
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
John Alden v. State of Indiana
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

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
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)
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)
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)
Post conviction. Affirms denial of post-conviction relief.

Clarence Johnson v. Juana Johnson (NFP)
Domestic relations/dissolution. Affirms judgment of trial court in all respects.

Madelyn Smith v. State of Indiana (NFP)

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)
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)
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)
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)

Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.

Lanard E. Foster v. State of Indiana (NFP)
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.


Sponsored by
Subscribe to Indiana Lawyer
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.