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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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