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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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