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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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