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Opinions July 26, 2012

July 26, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Michael J. Lock v. State of Indiana
35S04-1110-CR-622
Criminal. Affirms Lock’s conviction and sentence for Class D felony operating a motor vehicle as a habitual traffic violator and the revocation of his driving privileges for life. I.C. 9-30-10-16 is not unconstitutionally vague and based on the stipulation that Lock’s Zuma was traveling 43 MPH, a reasonable fact-finder could find beyond a reasonable doubt that the Zuma had a maximum design speed in excess of 25 MPH. Justice Rucker dissents.
 
Roger L. Bushhorn v. State of Indiana
40S01-1206-CR-309
Criminal. Affirms 47-year sentence following guilty plea to Class A felony kidnapping, Class B felony criminal confinement and Class B felony attempted escape. Finds the sentence is not inappropriate under Appellate Rule 7(B) and there was no abuse of discretion.

Indiana Court of Appeals
Jeremiah Cline v. State of Indiana
06A05-1111-MI-611
Miscellaneous. Affirms determination that Cline is not required to register as a sex offender but that the trial court lacked authority to order removal of his name and information from the Indiana Sex Offender Registry. He has not demonstrated his entitlement to removal as a judicial remedy but may go through the Department of Correction. Chief Judge Robb dissents.

Denise A. Mertz a/k/a Denise A. Grimmer v. Robert G. Mertz
64A03-1108-DR-360
Domestic relation. Affirms the trial court did not err in modifying Robert Mertz’s child support obligation. His plan to pay one-half of his income toward his support obligation was a sufficient plan to warrant reinstatement of his driving privileges. Chief Judge Robb dissents in part.

J. Michael Kummerer v. C. Richard Marshall
03A01-1201-CT-33
Civil tort. Affirms failure to award Kummerer prejudgment interest and failure to grant his motion to correct errors. Prejudgment interest was not appropriate in this case because the trial court had to exercise its judgment in calculating damages.

Arnold Blevins v. Raymond Arthur Brassart (NFP)
18A03-1201-PL-8
Civil plenary. Affirms dismissal of Blevins’ claims against Brassart because they were barred by the Statute of Frauds.

Timothy Stevenson, Jr. v. State of Indiana (NFP)
48A04-1111-CR-655
Criminal. Affirms revocation of probation and order Stevenson serve his previously suspended sentence.

Fredrick D. Gaither v. State of Indiana (NFP)
49A02-1202-PC-106
Post conviction. Affirms denial of successive petition for post-conviction relief.

Derrick Rockingham v. State of Indiana (NFP)
49A02-1201-CR-25
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Douglas Chubb v. State of Indiana (NFP)
77A04-1110-CR-519
Criminal. Affirms conviction of Class B felony robbery.

J.H. and T.G. v. Indiana Department of Child Services (NFP)
02A03-1112-JT-556
Juvenile termination. Affirms termination of parental rights.

Maurice Ervin v. State of Indiana (NFP)
49A04-1112-CR-626
Criminal. Affirms conviction of Class D felony attendance with an animal at a fighting contest.

A.J. v. Indiana Department of Child Services (NFP)

82A01-1111-JT-529
Juvenile termination. Affirms termination of parental rights.
 
Indiana Tax Court posted no opinions at IL deadline.
 

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  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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