ILNews

Opinions July 15, 2011

July 15, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Estate of Wilgus S. Gibbs, Sr.
81A01-1011-ES-560
Estate. Affirms grant of summary judgment in favor of Wilgus Gibbs Jr., individually and as a personal representative of the estate and executor of the will of Wilgus Gibbs Sr. Gibbs Sr.’s granddaughters failed to rebut the presumption of regularity in the execution of his will that is established by the self-proving clause. There is also no evidence of undue influence or that the will was the result of a mistake or fraud.

Charles Meek v. State of Indiana
49A02-1009-CR-964
Criminal. Affirms denial of Meek’s motion to suppress evidence discovered during a warrantless search of him during a Terry stop of his car. Meek’s admittance to smoking marijuana earlier in the day and to having a handgun on him, along with the police officer’s failure to find the source of the odor in the car and the absence of marijuana on his passenger, supported the subsequent and more thorough pat-down search of Meek that led to the discovery of contraband.

Myron Pryor v. State of Indiana (NFP)
49A02-1009-CR-1176
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Shamar D. Shelton v. State of Indiana (NFP)
02A03-1010-CR-571
Criminal. Affirms conviction of Class D felony receiving stolen property.

Term. of Parent-Child Rel. of A.M.C.; A.C. v. I.D.C.S. (NFP)
28A01-1102-JT-81
Juvenile. Affirms involuntary termination of parental rights.

Meshach Berry v. State of Indiana (NFP)
49A02-1011-CR-1218
Criminal. Reverses denial of permission to file a belated notice of appeal. Remands for further proceedings.

Jason L. Clark v. State of Indiana (NFP)
49A02-0810-CR-949
Criminal. Affirms convictions of murder, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license.

Gary Singleton v. State of Indiana (NFP)
20A03-1010-CR-575
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.

Rodney R. Jett v. State of Indiana (NFP)
24A01-1012-CR-24
Criminal. Affirms sentence of six years for Class C felony battery.

Aaron Fromer v. State of Indiana (NFP)
03A04-1008-CR-520
Criminal. Affirms denial of petition for additional credit time.

Jeffrey Cole v. State of Indiana (NFP)
49A02-1011-CR-1215
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Shane Cummings v. State of Indiana (NFP)
20A03-1009-CR-537
Criminal. Affirms convictions of five counts of child molesting – one as a Class C felony, three as Class A felonies, and one as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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