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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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