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Opinions July 3, 2013

July 3, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:

Michael Chambers v. State of Indiana
53S01-1307-CR-459
Criminal. Reverses Court of Appeals ruling reducing an aggregate sentence for two convictions of Class B felony sexual misconduct with a minor and reinstates a trial court’s maximum consecutive sentence of 40 years in prison. Justices held the sentence imposed by the trial court was not inappropriate given the nature of the crime and the character of the defendant and did not warrant appellate revision.

Wednesday’s opinions
7th Circuit Court of Appeals
United States of America v. Ronald Ritz
11-3320
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Dismisses Ritz’s appeal of the grant of summary judgment in favor of the government that Ritz’s campground is subject to the Safe Drinking Water Act and its regulations. Ritz has waived all of the new arguments he now raises for the first time on appeal by failing to present them to the District Court.

Indiana Court of Appeals
Richard Hawkins v. State of Indiana
79A02-1211-CR-958
Criminal. Affirms sentence following guilty plea to Class A felonies dealing in cocaine and possession of cocaine. Hawkins waived the right to appeal the appropriateness of his sentence.

In Re the Marriage of: Harry L. Tillman v. R. Virginia Tillman
87A05-1212-DR-619
Domestic relation. Affirms dismissal of Harry Tillman’s petition, by guardian Deborah Wagner, for dissolution of marriage. The trial court acted within its discretion when it granted R. Virginia Tillman’s motion to dismiss as neither the current Indiana statutes governing dissolution of marriage nor governing the guardianship of incapacitated persons provide a means for the guardian of an incapacitated person to file a petition for dissolution of marriage on behalf of the incapacitated person.

Pier 1 Imports (U.S.), Inc., v. Acadia Merrillville Realty, L.P. and Boyd Construction Company, Inc.
45A03-1207-CT-318
Civil tort. Reverses summary judgment for Acadia and Boyd Construction on whether the companies breached their respective duties of care after a Pier 1 customer brought a negligence claim against the three companies following a slip-and-fall. Whether Acadia discharged its duty of care merely by contracting with Boyd is a question for the jury to decide, and, because there is evidence that additional salting was necessary after Boyd salted the sidewalk, a jury could reasonably infer that Boyd failed to exercise reasonable care in performing its snow and ice removal services. Judge Brown dissents.

Booker T. Prince, Jr. v. Marion County Auditor and Marion County Treasurer
49A02-1210-MI-835
Miscellaneous. Affirms denial of Prince’s motion for relief from judgment. The trial court did not abuse its discretion in determining that the application for judgment and order for sale of his property of the Marion County auditor and treasure substantially complied with statutory requirements. The court did not abuse its discretion in determining that the officials’ notices regarding the tax sale process met the requirements of due process.

Keion Gaddie v. State of Indiana
49A02-1212-CR-953
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement. Gaddie had no duty to stop when law enforcement ordered him to do so.

Anthony Edwards v. State of Indiana (NFP)
49A02-1210-CR-803
Criminal. Affirms sentence for convictions of Class B felony burglary, Class D felony theft, seven counts of Class A misdemeanor criminal trespass, and Class B misdemeanors public intoxication, voyeurism, and failure to stop after an accident causing damage to property other than another vehicle.

Carlos A. Smith v. State of Indiana (NFP)
71A03-1211-CR-466
Criminal. Affirms conviction of Class D felony possession of marijuana with a prior conviction of possession of marijuana.

Michael G. Chamlee v. State of Indiana (NFP)
65A04-1301-CR-9
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class B felony unlawful possession of a firearm by a serious violent felon and Class C felony possession of chemical reagents or precursors.

Jasen M. Snelling v. State of Indiana (NFP)
24A01-1301-CR-30
Criminal. Affirms aggregate 40-year sentence following guilty plea to five counts of Class C felony offering and selling a security that was not registered, federally covered or exempt from registration; five counts of Class C felony failing to register as a broker-dealer, and nine counts of Class C felony securities fraud.

Thomas R. Tokarski and Sandra W. Tokarski v. State of Indiana (NFP)
53A01-1211-PL-498
Criminal. Affirms trial court striking of the Tokarskis’ objections and issuance of an order of appropriation and appointment of appraisers after the state sought to condemn real property owned by the couple to build I-69.

Adam J. Smith v. State of Indiana (NFP)
05A05-1301-CR-41
Criminal. Affirms revocation of probation.

Wesley Cashdollar v. State of Indiana (NFP)

70A01-1204-CR-139
Criminal. Affirms revocation of probation.

In Re: the Marriage of: William Scott Wilson v. Andrea (Wilson) Gunning (NFP)
29A04-1208-DR-435
Domestic relation. Affirms order dissolving marriage and determination of issues including division of property, attorney fees, child support and custody.

In Re: The Paternity of S.J.E-C: Clarence Cones, III v. S.J.E-C, by next friend: Tabetha J. Emenaker, and Tabetha J. Emenaker (NFP)
49A02-1210-JP-805
Juvenile. Affirms order modifying custody of the minor child in favor of mother T.E.

Kevin Govan v. State of Indiana (NFP)
02A03-1302-CR-60
Criminal. Affirms denial of motion to correct erroneous sentence.

William Temple v. State of Indiana (NFP)
33A01-1211-MI-533
Miscellaneous. Reverses order dismissing petition for writ of state habeas corpus relief following revocation of Temple’s parole. Remands with instructions to transfer the cause to the court where he was convicted and sentenced.

State of Indiana v. Mark M. Hairston (NFP)
02A04-1209-PC-476
Post conviction. Grants rehearing and concludes that Hairston’s sentence runs afoul of the protection against double jeopardy enhancements and his appellate counsel’s failure to raise the issue on direct appeal amounts to ineffective assistance. Remands with instructions to vacate his 10-year repeat sexual offender enhancement and adjust his sentence accordingly.

Justin Land v. State of Indiana (NFP)
32A01-1212-CR-546
Criminal. Affirms conviction of Class B felony causing death while operating a motor vehicle.

Armando B. Quintero v. Maria L. Quintero (NFP)
43A03-1210-DR-434
Domestic relation. Affirms order with respect to the award of one-half of the value of the home and attorney fees of $8,000 to Maria Quintero. Reverses division of the full value of Armando Quintero’s pension between the parties and remands with instructions.

Corrie Tomblin v. Michael A. Tomblin (NFP)

50A03-1211-DR-471
Domestic relation. Affirms order modifying custody in the decree dissolving the Tomblins’ marriage.

Greg Haney, as Trustee of the Revocable Trust Agreement of Jay Budman Farrar Executed October 5, 1999 v. Patricia J. Farrar, as Personal Representative of the Estate of Jay B. Farrar (NFP)
29A02-1212-EU-1004
Estate, unsupervised. Affirms denial of Haney’s petition to require Patricia Farrar to pay certain estate expense out of the estate as opposed to funds within the trust over which Haney was the trustee.

Joseph E. Stambaugh v. State of Indiana (NFP)
71A03-1212-CR-545
Criminal. Affirms convictions of Class C felony operation a motor vehicle after lifetime suspension of driving privileges, Class D felonies resisting law enforcement and possession of cocaine, Class A misdemeanor possession of marijuana and Class B misdemeanor false informing.

Arlisha Williams v. Review Board of the Indiana Department of Workforce Development, and UPS Ground Freights, Inc. (NFP)
93A02-1211-EX-959
Agency action. Affirms denial of unemployment benefits.

Alfred Vela v. State of Indiana (NFP)
45A05-1210-CR-559
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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