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Opinions June 25, 2010

June 25, 2010
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The following opinions were posted after IL deadline June 24:

Indiana Supreme Court

Curtis Outlaw v. State of Indiana
49S02-1006-CR-328
Criminal. Affirms Court of Appeals’ reversal of trial court’s conviction of and sentence for Class A misdemeanor conviction for operating a vehicle while intoxicated. Although the state proved Outlaw was intoxicated, the state failed to present any evidence on the element of endangerment, which would make it a Class A misdemeanor. Operating a vehicle while intoxicated on its own is a Class C misdemeanor.

Steven T. Marbley-El v. State of Indiana
71S03-1006-PC-329
Post-conviction. Finds Marbley-El was not entitled to a jury determination of the factors that led to his six-year sentence, and the trial court correctly did not advise him that he was.

Today’s opinions

7th Circuit Court of Appeals

Lincoln National Life Insurance Co. v. Peter S. Bezich, individually and on behalf of a class of others similarly situated
10-8013
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen
Civil. Remands to state court. Concludes Bezich’s claim “relates to the rights, duties, ... and obligations relating to or created by or pursuant to ... [a] security,” as defined in the 1933 Act, therefore the District Court has no jurisdiction.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Fred Giddings v. State of Indiana
40A01-0909-PC-455
Post-conviction. Affirms denial of Giddings’ petition for post-conviction relief. He raised one issue on appeal: whether his appellate counsel was ineffective because she did not raise on direct appeal the issue of unanimous verdicts.

Franklin Electric Company Inc. v. Unemployment Insurance Appeals of the Dept. of Workforce Development
93A02-0911-EX-1121
Civil. Affirms determination of a liability administrative law judge from the Indiana Department of Workforce Development that Franklin Electric Company Inc.’s two subsidiary corporations, Franklin Electric Sales and Franklin Electric Manufacturing, are not new successor employers under the Indiana Unemployment Compensation Act.

Weigand Construction Co. Inc. and Ohio Farmers Insurance Co. v. Stephens Fabrication Inc. and Ball State University Board of Trustees
18A02-0910-CV-953
Civil. Concludes Stephens’ claims against Weigand, Weigand’s Surety, and Ball State University survived bankruptcy proceedings. Therefore, Stephens is entitled to the unpaid sums under the base contract: $39,408.09 plus attorney fees, prejudgment interest including the periods of time before and during the bankruptcy proceeding, postjudgment interest, and costs of collection to Stephens. Also concludes Stephens’ claim for additional compensation was untimely under the terms of the relevant contracts and that Weigand is entitled to enforce the contractual provisions in this regard.

M.B. v. State of Indiana (NFP)
89A01-1001-JV-59
Juvenile. Affirms M.B.’s commitment to the Indiana Department of Correction.

Involuntary Termination of Parent-Child Relationship of Z.H.; A.H. v. Indiana Dept. of Child Services (NFP)
20A03-1002-JT-49
Juvenile. Affirms termination of parental rights.

In the Matter of R.J.K., a child alleged to be a delinquent child v. State of Indiana (NFP)
02A05-0909-JV-539
Juvenile. Affirms court’s finding that R.J.K. was a delinquent child who committed the offense of sexual battery, a Class D felony if committed by an adult.

Indiana Tax Court posted no opinions before IL deadline.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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