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Opinions July 9, 2010

July 9, 2010
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The following opinion was issued after Thursday’s IL deadline.

Indiana Supreme Court
Steven W. Everling v. State of Indiana
48S05-0911-CR-506
Criminal. Reverses and remands for a new trial following jury’s finding of Everling to be guilty of three counts of child molesting and two counts of sexual misconduct with a minor. While Everling raised several issues for a reversal, the Supreme Court addressed only whether the judge’s conduct during the trial deprived Everling of a fair trial. Concludes the court’s overall conduct evidenced partiality.

Today’s Opinions
7th Circuit Court of Appeals
Freddie L. Byers Jr. v. James Basinger, Superintendent of the Wabash Valley Correctional Facility

09-1833
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Allen Sharp
Civil. Affirms District Court's denial of Byers' habeas petition. After a jury found Byers guilty of murder, attempted murder and robbery, the Indiana Supreme Court affirmed on direct appeal. The Indiana Court of Appeals denied his petition for post-conviction relief, and the Indiana Supreme Court denied transfer. The District Court later denied Byers’ habeas petition, in which Byers argued that his trial counsel performed deficiently. The 7th Circuit granted Byers a certificate of appealability on the question whether he had been denied effective assistance of counsel. The 7th Circuit affirmed the district court’s denial because, even if Byers successfully exhausted his claim, it lacks merit.

Today's opinions
The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Daniel C. Reinhart v. State of Indiana
57A03-1002-CR-84
Criminal. Reverses Reinhart’s convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor possession of marijuana. The sole issue presented for review was whether trial court abused its discretion when it admitted evidence obtained following a traffic stop of Reinhart’s vehicle. Reinhart asserted police violated his Fourth Amendment right to be free from unreasonable search and seizure.
 
Allen A. Halferty v. State of Indiana
20A03-0910-CR-475
Criminal. Affirms Halferty’s conviction of maintaining a common nuisance by dealing methamphetamine. Reverses his conviction of Class A felony dealing in methamphetamine and remands with instructions to enter a conviction for Class B felony dealing in methamphetamine due to evidence regarding the amount of the drug. Also instructs trial court to revise Halferty’s sentence to reflect the change from Class A felony to Class B felony.
 
Charles Taylor v. State of Indiana
71A04-1001-PC-6
Post-conviction. Affirms post-conviction court’s denial of Taylor’s petition for post-conviction relief. After he initiated a direct appeal of his three convictions of Class B felony unlawful possession of a firearm by a serious violent felon, the Court of Appeals had granted Taylor a Davis/Hatton petition, which involves a termination or suspension of a direct appeal already initiated, upon appellate counsel’s motion for remand or stay, to allow a post-conviction relief petition to be pursued in the trial court. Court of Appeals concludes Taylor’s trial counsel did not provide ineffective assistance by failing to object to the admission of the weapons and that his convictions do not violate Indiana’s prohibition against double jeopardy.
 
Ben Gill v. State of Indiana (NFP)
49A05-0912-CR-734
Criminal. Affirms convictions of and sentences for intimidation and battery following a guilty plea without a written plea agreement.

Mark A. Shepard v. State of Indiana (NFP)
49A02-0912-CR-1244
Criminal. Affirms conviction of battery.
 
Robert Townsend v. State of Indiana (NFP)
49A02-0911-CR-1120
Criminal. Affirms classification as a Sexually Violent Predator.

Donald J. Zellers v. Sharon Zellers (NFP)
43A03-0909-CV-433
Civil. Affirms trial court’s distribution of marital property following divorce.
 
Kirby D. Oliver v. State of Indiana (NFP)
45A03-1002-CR-53
Criminal. Affirms trial court’s denial of Oliver’s motion requesting placement in community corrections following a guilty plea to murder.

The Indiana Tax Court posted no opinions before IL deadline.

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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