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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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