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Opinions June 14, 2011

June 14, 2011
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Indiana Supreme Court
Alva Curtis v. State of Indiana
49S02-1010-CR-620
Criminal. Reverses denial of Curtis’ motion to dismiss. The trial court should have granted Curtis’ motion to dismiss and discharge because the days that counted toward the Rule 4(C) period exceeded 365. Curtis is not entitled to dismissal on fundamental-fairness grounds because he has not been involuntarily committed and there hasn’t been an appropriate finding that he will never be restored to competency. Remands with instructions to dismiss the charging information.

Douglas Denzell v. State of Indiana
49S02-1106-CR-340
Criminal. Affirms denial of Denzell’s motion to dismiss. Denzell does not have a viable fundamental-fairness argument.

Indiana Court of Appeals
Elmos Jewell v. City of Indianapolis
49A02-1010-OV-1228
Local ordinance violation. Affirms finding Jewell violated Section 531-728 of the Revised Code of the Consolidated City and Marion County concerning animal care and other animal matters. The failure to mention this section in the agreed judgment in a previous violation case did not indicate that the city waived enforcement of that provision.  

T.L. v. J.L.
54A01-1008-DR-386
Domestic relation. Affirms grant of father J.L.’s motion to prevent mother T.L. from relocating to Tennessee with their minor sons. Mother has shown good faith and legitimate reasons for proposing the relocation, but the trial court didn’t err in concluding that the relocation wasn’t in the children’s best interests.

State of Indiana v. Robert Rhodes
49A05-1012-CR-818
Criminal. Affirms grant of Rhodes' motion to suppress after he was charged with operating while intoxicated. The state failed to show that compliance with the statute regarding turn signaling was possible under the circumstances and Rhodes was not properly stopped for a traffic violation. The trial court did not err by determining that the officer lacked reasonable suspicion to stop Rhodes.

Richard D. Williams v. State of Indiana (NFP)

87A05-1101-CR-42
Criminal. Affirms sentence following guilty plea to Class C felony forgery, Class D felony fraud, and Class D felony receiving stolen property.

B.B. v. State of Indiana (NFP)
71A05-1012-JV-791
Juvenile. Affirms modification of order awarding wardship of B.B. to the Indiana Department of Correction.

Karen Vanderbosch v. Thomas Vanderbosch (NFP)
02A03-1007-DR-357
Domestic relation. Reverses order finding that Thomas Vanderbosch overpaid child support, giving him a credit for that overpayment; and finding that one of his children repudiated his relationship with Thomas and thereby eliminated Thomas’ obligation to contribute to post-secondary educational expenses. Remands for further proceedings.

James D. Bailey, Jr. v. State of Indiana (NFP)
45A05-1006-CR-337
Criminal. Affirms conviction of felony murder in perpetration of a robbery.

Purnell L. Moore v. State of Indiana (NFP)
54A01-1011-CR-593
Criminal. Affirms order directing Moore serve the remaining four years of his suspended sentence following the revocation of his probation.

Elizabeth Noll v. State of Indiana (NFP)
29A04-1010-CR-651
Criminal. Affirms conviction of intimidation as a Class A misdemeanor.

James D. Douglas v. State of Indiana (NFP)
73A01-1010-CR-586
Criminal. Affirms revocation of probation and order that Douglas serve one year of his remaining sentence in prison.

David Marsee v. State of Indiana (NFP)
17A03-1010-CR-520
Criminal. Affirms conviction of dealing in methamphetamine as a Class A felony.

Mark Rector Bryan v. Tammy A. Bryan (NFP)

82A01-1008-DR-416
Domestic relation. Affirms calculation of child support obligation of Mark Bryan.

Superior Mortgage Funding, LLC, Jeremie Sheneman, Michael Sheneman and Andrew Beam v. Gladys Zoleko and Paul Davies (NFP)
71A05-1007-PL-432
Civil plenary. Affirms denial of Michael and Jeremie Sheneman’s motion to set aside judgment enforcing their settlement agreement with Gladys Zoleko and Paul Davies. Affirms denial of Michael’s motion to disqualify the plaintiffs’ counsel.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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