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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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