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Opinions June 6, 2012

June 6, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.

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

Indiana Court of Appeals
Keith D. Jackson v. State of Indiana
20A03-1105-CR-222
Criminal. Reverses sentence for possession of a firearm by a serious violent felon and remands for resentencing, holding the trial court erred by imposing a suspended sentence of four years contrary to the accepted plea agreement.

W.D., a minor by his parents R.D. and S.D., and R.D. and S.D., individually v. City of Nappanee
20A05-1112-CT-698
Civil tort. Affirms trial court’s summary judgment in favor of city of Nappanee, holding that there was no breach of duty of care on the city’s part when a child was found floating face-down in a public pool and rescued by lifeguards who resuscitated him.

In the Matter of the Term. of the Parent-Child Rel. of: D.W., K.K., Ke.K., & L.W.; and J.K. v. The Indiana Dept. of Child Services
85A05-1109-JT-591
Juvenile. Affirms trial court’s termination of father’s parental rights to his four minor children, holding that the trial court’s findings supported the conclusion that the conditions causing the children’s removal from their father’s home will not be remedied.

Teri Woenkhaus v. David Woenkhaus (NFP)
34A02-1111-DR-1041
Domestic relation. Affirms trial court’s property division order in dissolution of marriage, but remands for the court to award the parties’ income tax refunds to the wife.

Eric Liscomb v. State of Indiana (NFP)
49A02-1108-CR-715
Criminal. Affirms convictions of and sentences for felony murder, Class B felony robbery, Class A misdemeanor carrying a handgun without a license and Class C felony conspiracy to commit robbery.

Robert Johnson, Jr. v. State of Indiana (NFP)
49A02-1108-CR-712
Criminal. Affirms convictions of felony murder and Class B felony robbery.

M. Loren Fugate v. State of Indiana (NFP)
18A04-1110-CR-529
Criminal. Affirms revocation of probation and home detention and the order that Fugate serve the remainder of his sentence in the Department of Correction.

Frank E. Puzynski v. State of Indiana (NFP)
71A05-1111-CR-590
Criminal. Affirms convictions of and sentence for Class C felony operating a motor vehicle while intoxicated and Class C felony operating a motor vehicle after forfeiture of license for life.

Jermaine Young v. State of Indiana (NFP)
49A02-1109-PC-881
Post conviction. Remands with instructions to vacate Young’s conviction of Class C felony possession of cocaine, holding that his attorney’s failure to raise the issue of double jeopardy constitutes ineffective assistance of counsel. Affirms the court in all other respects.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1108-MF-434
Mortgage foreclosure. Remands for the court to amend receivership order.

Faye E. Warfield v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adjudication (NFP)
93A02-1110-EX-915
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s dismissal of Warfield’s appeal.

 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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