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Opinions March 14, 2012

March 14, 2012
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court
Phyllis Hardy, Alax Keith Furnish and Megan Jessica Furnish, by next friend Phyllis Hardy v. Mary Jo Hardy
51S01-1106-PL-366
Civil plenary. Holds that the Federal Employees’ Group Life Insurance Act does not preempt the equitable claims over the life insurance proceeds of Carlos Hardy and that the first wife and grandchildren are entitled to a constructive trust over at least a portion of the proceeds.

Indiana Court of Appeals
Dominique D. Woods v. State of Indiana
45A03-1107-CR-292
Criminal. Affirms conviction of Class B felony robbery. The evidence was sufficient to support the conviction.

In Re the Adoption of M.P.S., Jr.; A.S. v. M.P.S., Sr., M.S., and An.S.

88A01-1108-AD-387
Adoption. Reverses denial of mother A.S.’s motion for relief from judgment, where she alleges fraud, duress and lack of procedural due process in the adoption of M.P.S. Jr. by the child’s grandparents. In light of the extremely irregular and – to some extent – fraudulent circumstances surrounding the adoption of M.P.S., Jr., mother has met her burden to set aside the adoption. Her consent was invalid as a matter of law. Remands to the trial court with instructions to vacate the adoption decree and to comply with Indiana Code 31-14-13-1, which vests sole legal custody of a child born out of wedlock in the biological mother.

Karl A. Kaler v. State of Indiana (NFP)
57A04-1108-CR-432
Criminal. Affirms sentence for Class D felony theft and adjudication as a habitual offender.

David Marzini v. State of Indiana (NFP)
20A03-1102-PC-64
Post conviction. Affirms denial of petition for post-conviction relief.

Shavaughn Wilson v. State of Indiana (NFP)
49A02-1109-PC-795
Post conviction. Affirms sentence for Class A felony dealing in cocaine, Class C felony possession of cocaine, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.

Chris Davis v. State of Indiana (NFP)
49A02-1107-CR-619
Criminal. Affirms convictions of Class D felony escape and Class C misdemeanors refusal to identify and operating a vehicle having never received a license.

Jessica E. Mantooth v. State of Indiana (NFP)
24A01-1108-CR-382
Criminal. Affirms convictions of Class A felony possession of methamphetamine with intent to deal, Class D felony neglect of a dependent, and Class A misdemeanors possession of paraphernalia and driving while suspended.

Timothy Colby & Holly Colby v. T.H. Construction, Inc. (NFP)
45A03-1110-PL-472
Civil plenary. Affirms order and entries of judgment entered against the Colbys on their complaint for breach of contract and deception filed against T. H. Construction Inc.

Patty Garcia v. State of Indiana (NFP)
49A02-1108-CR-831
Criminal. Affirms conviction of failure to ensure school attendance as a Class B misdemeanor.

Jacob Lockridge v. State of Indiana (NFP)
48A02-1104-CR-383
Criminal. Affirms conviction of two counts of Class B felony child molesting and sentence imposed.

Christopher L. Overla v. State of Indiana (NFP)
02A05-1108-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony invasion of privacy.

Scott C. Haisley v. State of Indiana (NFP)
18A02-1106-CR-568
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

William James Hall v. State of Indiana (NFP)
82A04-1107-CR-330
Criminal. Affirms convictions of Class B felony attempted rape and Class D felonies residential entry and criminal confinement.

Tamara Sue Forrester v. State of Indiana (NFP)
48A04-1108-CR-453
Criminal. Affirms revocation of probation.

John McMahan v. State of Indiana (NFP)
20A03-1109-CR-409
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Paul Michael Kage v. State of Indiana (NFP)
76A03-1108-CR-379
Criminal. Dismisses appeal that plea agreement should be set aside.

Term. of Parent-Child Rel. of M.J.; C.J. v. Indiana Dept. of Child Services (NFP)

79A05-1109-JT-502
Juvenile. Affirms termination of parental rights.

Raymond Warren v. State of Indiana (NFP)
02A03-1106-CR-325
Criminal. Affirms three convictions of child molesting as Class A felonies and one conviction of Class C felony child molesting.

Noah Thom v. State of Indiana (NFP)
48A05-1107-CR-348
Criminal. Affirms placement at the Department of Correction.

Imani Scott v. State of Indiana (NFP)
49A05-1108-CR-429
Criminal. Affirms sentence for Class B felony robbery.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.L., and R.L. v. The Indiana Dept. of Child Services (NFP)
20A03-1107-JT-337
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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