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Opinions June 22, 2012

June 22, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
Roy Lee Ward v. State of Indiana
74S00-0907-PD-320
Death penalty. Affirms post-conviction court’s denial of Ward’s petition for relief from his death sentence. Ward raised several issues in his petition for relief, including ineffective assistance of counsel claims and that the state’s death penalty statute violates the Eighth Amendment.  

Friday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Rafael Bocanegra v. State of Indiana
20A03-1108-CR-361
Criminal. Affirms conviction of Class C felony forgery. Holds that potential injury remains a sufficient basis for a finding of criminal intent in a forgery prosecution. Remands for vacation of his identity deception conviction. Senior Judge Sullivan dissents.

German American Financial Advisors & Trust Co. d/b/a German American Investment Svcs., PrimeVest Financial Svcs., Inc., and Jeffery W. Tooley v. Dennis M. Reed
19A01-1110-PL-428
Civil plenary. Reverses denial of German American Financial Advisors & Trust Co. and other appellants’ second motion to compel arbitration of Reed’s claims against them. Remands with instructions. Appellants have sustained their burden to show the existence of an enforceable arbitration agreement and that the disputed matter is the type of claim that is intended to be arbitrated under the agreement. Holds Reed must arbitrate his claims against GAFA under the doctrine of equitable estoppel. Judge Barnes concurs in part and dissents in part.

Karla P. Estrada v. State of Indiana
20A03-1110-CR-474
Criminal. Affirms convictions and 24-year sentence for two counts of Class B felony armed robbery and one count of Class C felony conspiracy to commit robbery. The trial court did not abuse its discretion by denying Estrada’s motion to dismiss or by admitting her statement to police into evidence. Her conspiracy conviction does not violate double jeopardy prohibition and her sentence is appropriate.

William T. Carter, derivatively on behalf of CNO Financial Group, Inc. v. R. Glenn Hilliard, et al.
49A02-1106-PL-582
Civil plenary. Affirms grant of CNO’s motion to dismiss Carter’s complaint for failure to make pre-suit demand on the board of directors. Carter has not alleged particularized facts to show that the director defendants face a substantial likelihood of liability for the conduct described in the amended complaint, nor has he alleged particularized facts to show that the director defendants breached their duties of good faith and loyalty. Therefore, Carter has not shown under Delaware law that pre-suit demand on the board would have been futile.

In Re: Prosecutor's Subpoena Regarding S.H. and S.C.; S.H. v. State of Indiana
73A01-1109-CR-468
Criminal. Affirms order granting the state’s petition to compel testimony by parents S.H. and S.C. by providing use immunity. Agrees with the state that because a prosecutor can compel testimony in grand jury proceedings by granting use immunity, the prosecutor has the same authority when conducting a pre-charge investigation without a grand jury.

Carl E. Thomas, III v. State of Indiana (NFP)
63A05-1108-CR-423
Criminal. Affirms conviction of Class A felony rape.

Kevin L. Govan v. State of Indiana (NFP)
02A05-1111-CR-663
Criminal. Affirms denial of motion to correct erroneous sentence.
 

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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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