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Opinions July 18, 2013

July 18, 2013
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Indiana Supreme Court
In Re the Guardianship of A.J.A. and L.M.A., Minor Children; J.C. v. J.B. and S.B.
48S02-1305-GU-398
Guardianship. Holds the trial court correctly vacated its original order granting grandparent visitation. The Grandparent Visitation Statute does not provide a means by which the paternal grandmother in this case may seek visitation when her son has murdered the mother of her two grandchildren.

Indiana Court of Appeals
James Denning v. State of Indiana
49A05-1208-CR-394
Criminal. Affirms conviction of Class A felony attempted robbery and finding Denning is a habitual offender. COA rules it has jurisdiction over the appeal because Denning is appealing a final order, as he was not subject to a pending restitution order. His victim’s testimony was not incredibly dubious and the trial court was not obliged to enter a conviction of a lesser-included offense.

Frederick Herron v. State of Indiana
34A02-1203-CR-224
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one count of Class B felony dealing in cocaine and the finding that Herron is a habitual offender. Because the police officers had probable cause to believe Herron was delivering cocaine, his arrest on being removed from the car was permissible. The trial court therefore did not abuse its discretion in admitting evidence seized from that point forward.

Auditor of Owen County and Treasurer of Owen County v. Asset Recovery, Inc.
60A01-1212-MI-592
Miscellaneous. Reverses order granting Asset Recovery’s verified petition and claim for surplus after tax sale. Asset Recovery is limited in the amount it can receive from the surplus under I.C. 6-1.1-24-7.5(b)(1).

Christopher Halterman v. Adams County Board of Commissioners, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Dept. and Adams County Jail
01A04-1211-CT-558
Civil tort. Affirms summary judgment for sheriff Charles Padgett on Halterman’s lawsuit alleging negligence in the treatment of his abscess. The trial court did not abuse its discretion when it denied Halterman’s motion to strike the affidavit of Dr. House, and Padgett was entitled to summary judgment because Halterman could not show any action or lack thereof by Padgett caused Halterman’s injury.

Marco Puente v. Stark Leasing Company, Inc. (NFP)
49A02-1211-PL-940
Civil plenary. Affirms judgment entered against Puente but reverses award of attorney fees to Stark Leasing Co. Remands for the trial court to hold a hearing on the issue of attorney fees incurred through the trial in this case, not exceeding the $1,800 originally awarded.

Troy Thurman v. State of Indiana (NFP)
22A04-1208-CR-438
Criminal. Reverses trial court refusal to award credit for time served and good time credit. Remands with instructions to modify the time remaining on Thurman’s sentence.

Clint Bradley a/k/a Sam Jones v. State of Indiana (NFP)
18A02-1209-CR-760
Criminal. Affirms denial of Bradley’s motion to withdraw his guilty pleas to counts of Class B felony dealing in cocaine and unlawful possession of a firearm by a serious violent felon.

Jeremiah Walls v. State of Indiana (NFP)
55A01-1212-CR-581
Criminal. Affirms trial court’s determination that the state did not violate the 14th Amendment by striking a prospective juror and affirms the trial court’s refusal to give Walls’ tendered jury instruction.

Todd D. Kelly v. State of Indiana (NFP)
41A01-1212-CR-565
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-CR-177
Criminal. Dismisses appeal of denial of petition for additional credit time.

Kasiim Weaver v. State of Indiana (NFP)
45A05-1211-CR-564
Criminal. Affirms 34-year sentence for Class A felony voluntary manslaughter.

John D. Rogers v. State of Indiana (NFP)
10A04-1211-CR-592
Criminal. Affirms denial of motion for specific performance of a plea agreement.

In the Matter of the Paternity of: L.M.D. (Minor Child) D.H. v. A.D. (NFP)
01A02-1301-JP-31
Juvenile. Reverses denial of father’s petition to change the last name of his daughter to match his own. Remands with instructions to grant the petition.

James F. Noel v. State of Indiana (NFP)
49A02-1212-CR-1005
Criminal. Affirms conviction of Class A felony attempted murder.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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