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Opinions June 21, 2010

June 21, 2010
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The 7th Circuit Court of Appeals’ website was unavailable at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Philip Cleer v. State of Indiana
49A02-0912-CR-1193
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with a blood alcohol content between 0.08 and 0.15. Cleer didn’t establish that the operation of a sobriety checkpoint violates the separation of powers provision of the Indiana Constitution.

Leo D. Youngblood v. State of Indiana (NFP)
48A02-0911-CR-1114
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Randolph Bishop v. State of Indiana (NFP)
49A04-0911-CR-653
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor domestic battery.

Cherrice Avant v. State of Indiana (NFP)
29A05-1002-CR-64
Criminal. Affirms Class D felony theft conviction.

Bradley Baker v. State of Indiana (NFP)
49A04-0910-CR-611
Criminal. Affirms convictions of two counts of Class C felony failure to register as a sex offender.

Guardianship of Carrie Etta McGoffney, an Incapacitated Adult (NFP)
84A01-0906-CV-266
Civil. Affirms appointment of Ivy McGoffney as guardian over her mother, Carrie Etta McGoffney.

Kassahun T. Metaferia v. John Ancelet (NFP)

49A02-0908-CV-813
Civil. Affirms jury verdict in favor of Ancelet that concluded Metaferia was 65 percent at fault for the car accident. Metaferia isn’t entitled to a new trial.

Marcel Roundtree v. State of Indiana (NFP)
18A04-0910-CR-577
Criminal. Affirms convictions of theft and possession of a controlled substance as Class D felonies.

Richard A. Brown v. Mary Brown Whitledge (NFP)

82A01-0912-CV-608
Civil. Affirms grant of petition to modify child custody filed by Whitledge.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Really disappointing to see a jurist using such language in front of the bar and the public. Disciplinary commission needs to look into this one. Moores hasn't been able to 'run' the court ever since she took the job. Sending teenage murder suspects out of state to 'therapy' instead of confinement; not hiring enough Probation Officers; constant attacks on staff from 'imboldened' juveniles; and moving DCS into the court instead of moving more of the juveniles on to DOC. Not to mention her 'taking time off' to serve in the military...which is admirable...but to bring the 'potty mouth' back from her tour(s) of duty? Can't recall Judge Payne or the previous Juvie judge having such a mouth. Sheesh!

  2. It is so great to see that the Grace of God, in Christ, and the pledge to protect our communities from enemies domestic can transcend the narrow selfishness of race-based identity. See the funeral of a Latino and Asian police officers, heros both, in this weekend's headlines, such as here: http://newyork.cbslocal.com/2014/12/26/thousands-expected-for-wake-for-fallen-officer-rafael-ramos/

  3. Number one, only $1 was earmarked as punitives. Most of the $1,950,000 was earmarked as pain and suffering. But I will give you, JS, that sure does sound punitive! Number two, remittitur, for certain, but how does one unring the dinner bell that has now been sounded? Catholic school blood is in the sharktank.

  4. Hi, I had an auto accident on 12/26/2012 on I-65 near Lafayette, IN. I rear hit a semi truck. Meanwhile, I got a traffic ticket. I went to White Superior Court to have a hearing. I thought that I could win the case. I lost. I am not sure if you will be able to reverse the judgment in the White Superior Court. Meanwhile, I will try to let the insurance agency for the truck driver to pay the damages to my car. I wonder if your office is willing to handle the case. Thanks.

  5. Putting aside the question of how they got past the pastoral purpose/ 1st Amendment/ MSJ hurdle-- let me ask this: a million bucks in punitive damages? are you kidding me? absolutely ridiculous. Remittitur.

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