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Opinions June 5, 2012

June 5, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.

Indiana Court of Appeals

Kevin C. O'Connell v. State of Indiana
18A02-1109-CR-889
Criminal. Affirms trial court’s decision to refuse O’Connell’s tendered jury instructions that the word “voluntary” be included with each of his charges. Holds that other instructions covered the substance of the tendered instructions.

James Ripps v. State of Indiana
15A01-1109-CR-436
Criminal. Reverses trial court’s revocation of Ripps’ probation, holding that several factors – including Ripps’ age, health and his efforts to comply with terms of his probation – indicate the court abused its discretion in issuing its order.

Bennie Chamberlain v. State of Indiana (NFP)
79A02-1108-CR-770
Criminal. Reverses sentences for Class C felony stalking, Class C felony criminal confinement and Class D felony residential entry, holding the crimes were part of a single episode of criminal conduct and the consecutive sentences exceeded the maximum allowable time under Indiana Code. Remands for resentencing, including attachment of habitual offender enhancement.  

Milan D. Zavodny, Trustee of the Milan D. Zavodny Trust v. Evelyn Ann Pavilionis Trust U/W/A, Dated 18 March 1997 (NFP)
75A03-1110-PL-458
Civil plenary. Holds trial court erred in awarding $43,000 in damages to Pavilionis and therefore reverses and remands for a determination of actual damages, if any, and a determination of whether prejudgment interest should be awarded. Affirms trial court’s denial of Zavodny’s request for a continuance.

Performance Matters Associates and Conseco Marketing, LLC v. Patrick A. Fortune (NFP)
29A05-1107-PL-361
Civil plenary. Affirms trial court’s entry of judgment in favor of Fortune.

In the Matter of the Paternity of N.M.E., Minor Child; J.E.E., Father v. J.B., Mother (NFP)
71A03-1112-JP-549
Juvenile. Reverses juvenile court’s order that father’s parenting time with daughter is to be supervised, holding the court made no finding of physical endangerment or emotional impairment. Remands for court to enter findings or remove restrictions on parenting time.

Mark Shepard v. State of Indiana (NFP)
49A04-1108-CR-415
Criminal. Affirms convictions for Class C felony conspiracy to commit robbery and felony murder.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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