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Opinions June 3, 2014

June 3, 2014
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The following Indiana Supreme Court opinions were issued after IL deadline Monday.
Jacob Fuller v.State of Indiana

48S02-1406-CR-364
Criminal. Affirms conviction of two counts of murder but remands to the trial court with orders to reduce the aggregate sentence from 150 years in prison to 85 years in prison. Fuller was 15 when he participated in the shooting deaths of Anderson residents Keya Prince and Stephen Streeter with another minor and an 18-year-old. Though the trial court sentence was within the allowable range, imposing it would mean denial of hope and assurance he would remain in prison the rest of his days, making good behavior or character improvement immaterial.

Martez Brown v. State of Indiana
48S02-1406-CR-363
Criminal. Affirms conviction of two counts of murder but remands to the trial court with orders to reduce the aggregate sentence from 150 years in prison to 80 years in prison. Brown was 16 when he participated in the shooting deaths of Anderson residents Keya Prince and Stephen Streeter with another minor and an 18-year-old. Though the trial court sentence was within the allowable range, imposing it would mean denial of hope and assurance he would remain in prison the rest of his days, making good behavior or character improvement immaterial.

June 3
Indiana Supreme Court

Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.
82S01-1305-CT-363
Civil tort. Reverses summary judgment, holding that a wrongful death claim against Good Samaritan may proceed. Holds that the Fraudulent Concealment Statute may apply to the Wrongful Death Act’s two-year filing period. Remands for proceedings.


Indiana Court of Appeals
Celadon Trucking Services, Inc., a/k/a Celadon Trucking Services of Indiana v. United Equipment Leasing, LLC
30A01-1311-CC-507
Collections. Affirms trial court grant of United Equipment’s motion for relief from a May 31, 2012, order. The trial court ruling is sustainable under the trial court’s inherent power to reconsider, vacate or modify any previous order so long as the case has not proceeded to final judgment.

5200 Keystone Limited Realty, LLC v. Filmcraft Laboratories, Inc., Eric J. Spiklemire, Portrait America, Inc., A.C. Demaree, Inc., Russ Dellen, Inc., Clean Car, Inc., et al. (NFP)
49A04-1306-CT-311
Civil tort. Affirms summary judgment in favor of Filmcraft, Spicklemire, et al. on Keystone’s property tax claim.

Michael G. Stoner v. Amy M. Stoner (McIntire) (NFP)
38A02-1310-DR-879
Domestic. Affirms denial of father’s petition for permanent change of custody and modification of support.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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