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Opinions June 17, 2011

June 17, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of Mark R. McKinney
18S00-0905-DI-220
Attorney discipline action. Suspends Mark R. McKinney from the practice of law for 120 days, beginning July 28, for violation of Indiana Professional Conduct Rules.

Today's opinions
Indiana Supreme Court has posted no opinions as of IL deadline.

Indiana Court of Appeals

Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.

Involuntary Commitment of T.A.
49A02-1011-MH-1243
Mental health. Affirms involuntary commitment of T.A., holding sufficient evidence exists to support a doctor’s conclusion that T.A. is gravely disabled by mental illness and does not have a realistic plan for self care.

Carlton Wright v. State of Indiana
10A01-1009-CR-517
Criminal. Reverses conviction of Class D felony criminal confinement, citing Indiana’s double jeopardy rules, and remands to trial court to vacate conviction. Affirms conviction of robbery and enhanced sentence, due to criminal history and character.

Danny Holloway v. State of Indiana
49A05-1011-CR-703
Criminal. Affirms sentence of Class B felony burglary, stating sentence was not inappropriate in light of Danny Holloway’s criminal background and character.

Michael W. Baker v. State of Indiana (NFP)
89A01-1010-CR-536
Criminal. Reverses Class B felony burglary conviction and determination that Michael Baker was an habitual offender. Remands for entry of judgment of conviction for criminal trespass and sentence on that offense.

Jason R. Chilafoe v. State of Indiana (NFP)
57A05-1011-CR-711
Criminal. Affirms trial court’s assessment of public defender fees and other court costs and fees.

Cary R. Wollenweber v. Hawkins Enterprises, Inc., et al. (NFP)
32A01-1007-PL-318
Civil plenary. Affirms trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. doing business as The Mattress Superstore in Wollenweber’s suit alleging violations of the Wage Payment Statute, Wage Claims Statute, and Fair Labor Standards Act.

Damian A. Rosales v. State of Indiana (NFP)
20A05-1010-CR-620
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class D felony possession of more than 30 grams of marijuana, along with aggregate sentence that includes another felony and one misdemeanor charge.

Paul Patterson v. State of Indiana (NFP)
09A02-1009-CR-1041
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Brien E. Franklin v. State of Indiana (NFP)
71A05-1010-CR-732
Criminal. Affirms revocation of probation.

Virgil E. Griffin v. State of Indiana (NFP)
46A03-1003-PC-106
Post-conviction relief. Affirms denial of petition for post-conviction relief.

Travis W. Britt v. State of Indiana (NFP)
49A02-1011-CR-1258
Criminal. Affirms trial court’s revocation of community corrections placement and order that Travis Britt return to the Department of Correction.

Victor Adamson-Scott v. State of Indiana (NFP)
49A05-1010-CR-604
Criminal. Affirms felony murder conviction.

Kasi Ballew v. State of Indiana (NFP)
22A04-1008-CR-555
Criminal. Affirms sentence for Class B felony dealing in a schedule II controlled substance.

Richard E. Dell v. State of Indiana (NFP)
80A04-1009-CR-582
Criminal. Affirms conviction of Class D felony sexual battery.

Indiana Tax Court had posted no opinions as of IL deadline.
 

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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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