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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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