ILNews

Opinions June 27, 2011

June 27, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Vincent M. Butler, Jr. v. State of Indiana
84A01-1008-CR-414
Criminal. Affirms revocation of Butler’s probation. The record shows that the trial court adequately advised Butler of his right to counsel and that he knowingly, intelligently, and voluntarily waived that right. The trial court did not abuse its discretion by imposing the balance of his four-year previously suspended sentence. Judge Kirsch dissents.

In the Matter of the Trust of Harrison Eiteljorg
49A02-1005-TR-485
Trust. Affirms probate court finding that the trustees failed to distribute a portion of the trust corpus in a timely manner. There was sufficient evidence to sustain the finding on liability as the trustees knew there was property available in the trust for distribution yet declined to timely distribute it to the beneficiaries. Reverses assessment of damages and attorney fees and remands for a re-evaluation of the compensatory damages and a reduction in attorney fees. Judge Baker dissents.

Gary Ludban, et al. v. Ronald Burtch, et al.
44A05-1007-PL-437
Civil plenary. Affirms trial court ruling regarding the survey of land. The survey the Burtches had conducted was not erroneous as a matter of law, the trial court did not err in determining that the fence between the Ludban and Burtch properties establishes the property line, and the trial court did not err in denying the Ludbans’ adverse possession claim to a strip of land used for access to the lake. The trial court did not err in discrediting the survey the Ludbans had done or in implying that Gary Ludban disturbed the original monumentation between lots 29 and 30. The determination of the property line between the Reeds and the Ludbans based on the line of occupation is supported by the evidence.

Kimberly L. Benedict v. State of Indiana (NFP)
49A02-1012-CR-1359
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Paternity of K.B.; J.B. v. J.D. (NFP)
02A04-1008-JP-533
Juvenile. Affirms trial court grant of permission to allow mother to relocate to Tennessee with daughter.

Jerry L. Coleman v. Marla J. Coleman (NFP)
38A05-1008-DR-490
Domestic relation. Affirms denial of Jerry Coleman’s motion to correct error after the court awarded custody of his son to ex-wife, Marla Coleman, and twice found Jerry in contempt of court.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted seven transfers and denied 34 for the week ending June 24, 2011.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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