ILNews

Opinions June 2, 2011

June 2, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Larry Ault v. State of Indiana
49A04-1008-CR-492
Criminal. Reverses conviction of felony murder and remands for a new trial. There was sufficient evidence, without Ault’s testimony, to support a jury instruction on self-defense.

Shepherd Properties Co., d/b/a ShepCo Commercial Finishes v. International Union of Painters and Allied Trades, District Council 91
49A04-1010-PL-676
Civil plenary. Reverses denial of ShepCo’s motion to correct error challenging an order awarding attorney fees to International Union of Painters and Allied Trades, District Council 91 as the prevailing party in an action under the Indiana Access to Public Records Act. The trial court erroneously imposed upon ShepCo joint and several liability for statutory attorney fees under the APRA as there is no provision for the assessment of attorney fees against a private party in the event of improper nondisclosure under the act. Remands for further proceedings.

David W. Johnson and Priscilla Johnson v. Madison Regatta, Inc., and American Boat Racing Association (NFP)
39A01-1008-CT-398
Civil tort. Affirms summary judgment for Madison Regatta and American Boat Racing Association on the Johnsons’ complaint for damages after Priscilla was injured after being hit by a car while watching the regatta.

Estate of Maurice Kendrick, Sr., Susan K. Kussart, as Guardian of B.K. v. Estate of Maurice Kendrick, Sr., Crystal Burke-Potts, et al. (NFP)
46A03-1007-ES-361
Estate supervised. Reverses determination that B.K. failed to prove she is an heir of the deceased, Maurice Kendrick Sr. Remands with instructions.

Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A02-1006-CR-702
Criminal. Affirms sentences for Class C felony dealing in marijuana and Class A misdemeanor possession of marijuana.

Kem Linn v. State of Indiana (NFP)
27A02-1010-CR-1293
Criminal. Affirms sentences following guilty plea to Class C felonies corrupt business influence and fraud on a financial institution, and five counts of Class C felony forgery.

Herman Cecil Mallory v. State of Indiana (NFP)
02A04-1007-PC-493
Post conviction. Affirms denial of petition for post-conviction relief.

Jason L. Prater v. State of Indiana (NFP)
08A05-1009-CR-595
Criminal. Affirms conviction of Class D felony intimidation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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