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Opinions March 12, 2013

March 12, 2013
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Indiana Supreme Court
Curtis A. Bethea v. State of Indiana
18S05-1206-PC-304
Post conviction. Affirms trial court denial of post-conviction relief, holding that Curtis Bethea, who pleaded guilty to armed robbery and criminal confinement in a deal that dropped seven other felony counts, was not improperly denied post-conviction relief when a judge considered evidence of charges that were dismissed.

Indiana Court of Appeals
Henry Keith Holloway v. State of Indiana (NFP)
71A05-1202-CR-58
Criminal. Affirms conviction of Class C felony operating a vehicle after lifetime suspension and Class A misdemeanor operating a vehicle while intoxicated.

Jennifer Duff v. State of Indiana (NFP)

89A01-1206-CR-280
Criminal. Affirms aggregate executed sentence of 18 years in prison for conviction of one Class B felony count of dealing in a Schedule I controlled substance; eight counts of Class C felony forgery; one count of Class C felony robbery; five counts of Class D felony theft; and three counts of Class C felony fraud.

Brian L. Spurlock, Sally M. Spurlock v. Morequity, Inc. (NFP)

29A04-1207-MF-345
Mortgage foreclosure. Dismisses appeal from an entry of a foreclosure judgment against the Spurlocks.

Kevin Burrell v. State of Indiana (NFP)

71A05-1208-CR-434
Criminal. Affirms conviction and aggregate sentence of 105 years in prison for two counts of Class A felony attempted murder, Class C felony criminal recklessness and a criminal gang activity sentence enhancement.

Kenneth D. Helton v. State of Indiana (NFP)

47A01-1205-CR-200
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of marijuana and Class D felony maintaining a common nuisance, remanding to the trial court to correct a sentencing error. The appeals panel left in place an aggregate sentence of 23 years in prison but instructed the trial court to enhance the dealing in methamphetamine conviction by eight years instead of sentencing him separately for being a habitual substance offender.

John Ivy v. State of Indiana (NFP)
18A02-1205-PC-378
Post conviction. Affirms denial of post-conviction relief from a 65-year sentence for a conviction of murder, concluding the post-conviction court erred in finding that Ivy had waived two issues, but notwithstanding that error, Ivy failed to demonstrate he was entitled to post-conviction relief on any of his claims.

Gary Gardner v. State of Indiana (NFP)

49A05-1207-PC-379
Post conviction. Affirms in a divided opinion denial of post-conviction relief from a 90-year sentence for three counts of Class A felony child molesting, one count of Class C felony child molesting, and one count of Class C felony child exploitation. Senior Judge Betty Barteau and Judge Terry Crone formed the majority from which Judge Elaine Brown dissented, concluding that Gardner demonstrated ineffective counsel assistance because his appellate counsel failed to raise an issue related to the length of his sentence. Brown would find the trial court thus erred and remand for further proceedings.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. 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

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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