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Opinions July 25, 2012

July 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Kenneth Dwayne Vaughn v. State of Indiana
45S05-1112-CR-684
Criminal. Affirms decision not to grant a mistrial. Vaughn did not suffer actual harm from the bailiff restraining him by covering Vaughn’s mouth in front of the jury so he would stop taking.
 
Indiana Court of Appeals
Erasmo Leyva, Jr. v. State of Indiana
02A03-1111-CR-535
Criminal. Affirms conviction of Class A felony child molesting. Sufficient evidence exists from which the trier of fact could find Leyva guilty beyond a reasonable doubt. Judge Baker dissents, believing the victim’s testimony is incredibly dubious.  

North Gibson School Corporation v. Shea Truelock, Brian Douglas, Doyin Barrett, Tony Hensley, et al.
26A01-1111-PL-505
Civil plenary. Reverses denial of the school corporation’s motion to dismiss a lawsuit filed by 13 bus drivers. The drivers, as unsuccessful bidders for a transportation services contract with the school, do not have a private right of action against the school corporation. The school corporation cannot be held liable for compensatory damages under the Indiana Antitrust Act.

In re the Adoption of S.W., Thomas West v. Ronnie D. Sedberry and Sondra Sedberry (NFP)
34A04-1202-AD-77
Adoption. Affirms grant of petition by the Sedberrys to adopt West’s biological daughter.

In Re: The Marriage of John Davis v. Pamela Davis (NFP)
15A05-1112-DR-649  
Domestic relation. Affirms distribution of property.

Paul Lewis v. State of Indiana (NFP)
53A01-1201-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Andrew Huntsman v. State of Indiana (NFP)
57A03-1201-CR-14
Criminal. Affirms sentence imposed following guilty plea to Class A misdemeanor cemetery mischief.

Vaughn Blackburn v. State of Indiana (NFP)
32A04-1112-CR-659
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

In the Matter of the Adoption of A.N.B.; L.T.B. v. C.J.H. (NFP)
26A01-1201-AD-30
Adoption. Affirms order granting stepfather’s petition to adopt A.N.B.

Darnell Tinker v. State of Indiana (NFP)
02A03-1112-CR-587
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Ben J. Davis v. State of Indiana (NFP)
22A04-1107-CR-372
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and status as a habitual offender.

Brad W. Passwater v. State of Indiana (NFP)
48A05-1201-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.

Jimmie I. Immel v. Jennifer W. Immel (NFP)
06A01-1112-DR-600
Domestic relation. Affirms order dissolving marriage and division of assets.

K.S.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
71A03-1112-JV-602
Juvenile. Affirms decision to place K.S.B. in the custody of the Southwest Indiana Regional Youth Village following his adjudication for intimidation.

Anthony Wilson v. State of Indiana (NFP)
89A01-1110-CR-490
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

Sean Shumaker v. State of Indiana (NFP)
43A03-1203-CR-133
Criminal. Affirms trial court allowing the state to file a belated answer to Shumaker’s petition for post-conviction relief and the denial of his motion for default judgment. Reverses summary denial of Shumaker’s PCR petition and remands for further proceedings.

A.K., Father v. T.L., Mother (NFP)
02A04-1112-JP-653
Juvenile paternity. Dismisses father’s appeal of order which in part denied his petition to modify custody.
 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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