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Opinions March 2, 2012

March 2, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Brian Scott Hartman v. State of Indiana
68A01-1106-CR-264
Criminal. Affirms the denial of Hartman’s motion to suppress a statement he made to the police regarding involvement in the death of his father. Hartman initiated further communication by asking whether the search warrant had been served and whether anything had been found, and then told the detective that he wanted to speak with him.

Tonya J. Clark v. Review Board of the Dept. of Workforce Development and PCI Holdings, LLC (NFP)
93A02-1108-EX-800
Agency appeal. Affirms denial of unemployment benefits.

Gary W. Moody v. City of Franklin (NFP)
41A04-1106-PL-294
Civil plenary. Dismisses the denial of a petition for preliminary injunction against Franklin.

1st Call Home Health LLC and Cardinal Health Systems, Inc. v. Pamela Porter and Abbott Laboratories, Inc. (NFP)
18A05-1110-PL-528
Civil plenary. Affirms denial of summary judgment in a suit filed 1st Call Home Health and Cardinal Health Systems filed by Pamela Porter.

Bryan Keith Hughes v. State of Indiana (NFP)
06A04-1106-CR-385
Criminal. Affirms convictions of and sentence for Class B felony attempted rape and Class D felonies domestic battery and criminal confinement.

Derek Rucker v. State of Indiana (NFP)
49A05-1107-CR-349
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Bernard O. Tidey v. State of Indiana (NFP)
66A05-1110-CR-560
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person.

Dennis L. Lewis v. State of Indiana (NFP)
48A02-1108-CR-744
Criminal. Affirms sentence for Class C felony operating a motor vehicle with an ACE of 0.08 or more.

Chadd B. Langston v. State of Indiana (NFP)
18A02-1105-CR-466
Criminal. Affirms conviction of conspiracy to commit robbery as a Class C felony as well as adjudication as a habitual offender.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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