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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. 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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