Opinions Jan. 31, 2012

January 31, 2012
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7th Circuit Court of Appeals
Dale J. Atkins v. Michael Zenk
Civil. Affirms U.S. District Court’s denial of habeas corpus petition, holding Atkins did not prove his claim that he was deprived of his Sixth Amendment right to effective assistance of trial counsel.

Indiana Supreme Court
Henry C. Bennett and Schupan & Sons, Inc. v. John Richmond and Jennifer Richmond
Civil. Finds the trial court did not abuse its discretion when it allowed a psychologist to testify on behalf of a plaintiff in a personal injury case as to the cause of a brain injury or in finding that the psychologist’s testimony was based on reliable scientific principles.  

Reginald N. Person, Jr. v. Carol A. Shipley
Civil tort. Holds the trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case. Dr. Turner’s opinions were based on reliable scientific principles that could be applied to the facts at issue.

Indiana Court of Appeals
William R. Wallace v. State of Indiana
Criminal. Affirms trial court’s order denying Wallace’s motion to dismiss a charge of Class D felony voyeurism for videotaping without consent a sexual encounter he had with a woman.

Nathan Anderson v. State of Indiana
Criminal. Affirms conviction of and sentence for murder, but reverses convictions of and vacates sentences for burglary and abuse of a corpse, holding Anderson had been denied his request for counsel prior to making statements in interrogation and that the admission of that testimony into evidence at trial influenced the jury’s decision.

Steven Nowling v. State of Indiana
Criminal. On petition for rehearing, the appellate court affirmed its original decision affirming the trial court, holding that during trial Nowling never objected to testimony by a forensic scientist who affirmed the presence of methamphetamine in a pen hull seized from Nowling’s home.

Christopher Stark v. State of Indiana
Criminal. On interlocutory appeal, affirms trial court’s denial of Stark’s motion to suppress evidence that he had a handgun in his possession, holding that a police officer found the gun when retrieving Starks’ coat and that any intrusion in finding the gun was minimal.

Ronald D. Tiede v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of motion to withdraw guilty pleas to two counts of Class B felony dealing in methamphetamine and affirms trial court’s modification of the sentence contained in Tiede’s plea agreement.

Jason Schapker v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Gary Hollin v. State of Indiana (NFP)
Criminal. Affirms trial court’s sentence following determination that Hollin violated his probation.

In the Matter of M.K., I.K., and N.K.; R.K. and E.K. v. Indiana Department of Child Services and Stephen P. Griebel (NFP)
Juvenile. Reverses trial court’s determination that a couple’s three children were children in need of services, holding that the Department of Child Services was overzealous in removing the children from the parents’ care at a time when the family was intact but had suffered a series of unfortunate circumstances.

Daddys 'O Pub, LLC v. Purkey Enterprises, Inc. (NFP)
Civil plenary. Affirms trial court’s determination that an 1897 deed did not create an easement in Purkey Enterprises’ building that would enable the owners of an adjoining pub to use its stairway to access the second story of the pub’s building.

Nick Khanthamany v. State of Indiana (NFP)

Criminal. Affirms convictions of felony murder and conspiracy to commit robbery.

James Eubanks, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony burglary.

Samantha Bradley v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor criminal trespass and Class A misdemeanor resisting law enforcement.

Susan Kohl v. Duane Kohl (NFP)
Domestic relation. Affirms trial court’s determination that that husband’s pension should not be included as a marital asset, but finding that the wife presented sufficient evidence to rebut the statutory presumption that an equal division of marital property is just and reasonable; remands to the trial court with instructions to award 60 percent of the marital estate to the wife and 40 percent to the husband.

Brien Clayton v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine, finding harmless any error in the admission of opinion testimony and sufficient evidence to support the conviction.

Indiana Tax Court had issued no opinions by IL deadline.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues