ILNews

Opinions June 7, 2011

June 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael J. Gaby v. State of Indiana
79A02-1006-CR-804
Criminal. Reverses conviction of Class A felony child molesting and remands for new trial, stating the trial court erred in permitting the state to refresh the victim’s recollection by allowing her to read a previous statement she made. Holds that retrial will not violate double jeopardy grounds because sufficient evidence exists to support conviction.

Uniontown Retail #36, LLC, d/b/a The Lion's Den #36 v. Board of Commissioners of Jackson County
36A01-1008-MI-434
Miscellaneous. Affirms trial court’s order granting motion for summary judgment filed by the Board of Commissioners of Jackson County and permanently enjoining Uniontown Retail, doing business as The Lion’s Den, from operating a sexually oriented business at its current location. The Lion’s Den did not satisfy its burden of demonstrating that the ordinances are constitutionally overbroad.

Patrick Jackson v. State of Indiana (NFP)
49A02-1009-CR-1031
Criminal. Affirms conviction of Class C felony battery.

A.R. v. State of Indiana (NFP)
03A04-1012-JV-786
Juvenile. Affirms adjudication finding A.R. to be delinquent.

Term. of Parent-Child Rel. of R.L.; C.L. v. I.D.C.S. (NFP)
05A02-1012-JT-1411
Juvenile. Affirms termination of mother’s parental rights.

Edward L. Weaver v. State of Indiana (NFP)
49A02-1009-CR-954
Criminal. Affirms conviction of Class B felony burglary.

Owen Cobbum, et al. v. Town of Cromwell (NFP)
57A03-1009-PL-486
Civil plenary. Affirms trial court’s judgment in favor of the Town of Cromwell.

Joshua Garrard v. State of Indiana (NFP)
55A01-1101-CR-10
Criminal. Affirms sentence for Class D felony theft.

Jason Q. Daugherty v. State of Indiana (NFP)
69A05-1011-CR-743
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to manufacture methamphetamine.

Phillip Spratt v. State of Indiana (NFP)
79A02-1006-CR-667
Criminal. Vacates conviction of Class B felony possession of cocaine. Affirms convictions of two counts of Class A felony dealing in cocaine and revises sentence to two concurrent 30-year sentences.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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