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Opinions June 29, 2011

June 29, 2011
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The following Indiana Supreme Court opinions were posted after IL deadline Tuesday:
Bruce Lemmon, et al. v. Michael L. Harris
52S02-1011-CV-642
Civil. Reverses trial court judgment granting injunctive relief for Harris by removing his sexually violent predator status. Harris’ status is sexually violent predator by operation of law, and that classification does not violate the Indiana Constitution’s Ex Post Facto Clause or separation of powers provision. Justice Dickson dissents.

Brenda Moore v. State of Indiana
49S04-1101-CR-24
Criminal. Affirms Moore’s conviction of public intoxication as a Class B misdemeanor. Declines request to reverse Moore’s conviction on public policy grounds and she suffered no impingement of any alleged constitutional right to select which beverages to consume. Her accountability under the public intoxication statute doesn’t violate her personal liberty rights under the Indiana Constitution. Justice Rucker dissents.

Today’s opinions
7th Circuit Court of Appeals

United States of America v. Brook Abebe
10-3966
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms sentence of 300 months in prison following guilty plea to armed bank robbery, discharge of a firearm during a crime of violence, and unlawful possession of a firearm by a convicted felon. There was no procedural error in the District Court’s calculation of Abebe’s sentence and his sentence is not substantively unreasonable.

Aaron Smeigh v. Johns Manville Inc.
10-3388
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment for Johns Manville on Smeigh’s suit for retaliatory discharge and civil conversion. Smeigh didn’t present sufficient evidence to conclude that he was fired in retaliation for filing workers’ compensation or that JM knowingly exerted unauthorized control over his property. Admonishes Smeigh’s counsel for a portion of the appeal not meeting the standards for presenting and developing arguments on appeal.

Indiana Supreme Court
Indiana Department of Child Services v. A.B.
71S00-1002-JV-156
Juvenile. Reverses trial court order finding Indiana Code sections 31-37-17-1.4, 31-37-18-9(a)-(b), and 31-40-1-2(f) as unconstitutional as violating the separation of powers principle and the “one subject” rule under the Indiana Constitution. The three statues are constitutional. The DCS’ requirement that the child be placed in Indiana rather than out of state was arbitrary and capricious. Upholds Judge Nemeth’s placement of the child at Canyon State Academy and the DCS should pay for the child’s placement.

Citizens State Bank of New Castle v. Countrywide Home Loans, Inc.
76S03-1009-CV-515
Civil. Reverses summary judgment in favor of Countrywide and Federal National Mortgage Association. Countrywide has failed to demonstrate that it is entitled to the remedy of strict foreclosure. Remands with instructions to enter summary judgment in favor of Citizens Bank, and for all relief consistent with this opinion. Justice Sullivan dissents.

Indiana Court of Appeals
Zachery Blackwell v. State of Indiana (NFP)
67A01-1101-CR-98
Criminal. Affirms convictions of Class C felony attempted robbery, and Class D felonies criminal confinement and aiding rioting.

James Deloney Jr v. State of Indiana (NFP)

29A02-1010-CR-1227
Criminal. Affirms conviction of Class D felony theft.

Christopher Collins v. State of Indiana (NFP)
49A02-1010-CR-1157
Criminal. Affirms conviction of and sentence for Class D felony theft.

Martin J. Russell v. State of Indiana (NFP)
83A04-1011-CR-671
Criminal. Dismisses appeal of sentence following a plea agreement to six counts of Class C felony theft and three counts of Class D felony theft.

John Chatman v. State of Indiana (NFP)
49A05-1005-PC-362
Post conviction. Vacates trial court denial of Chatman’s motion for additional credit time for completion of a substance abuse program while he was in jail awaiting trial and dismisses the appeal.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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