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Opinions March 20, 2013

March 20, 2013
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Indiana Court of Appeals
State of Indiana v. I.T.
20A03-1202-JV-76
Juvenile. Dismisses state’s appeal from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concludes sua sponte that the state is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition.

Mickell Biggs v. State of Indiana (NFP)
42A04-1208-CR-410
Criminal. Affirms amount of Biggs’ bail and the requirement that it be fully executed in cash.

Republic Services d/b/a Able Disposal Company v. Bullaro & Carton, P.C. (NFP)
45A03-1204-PL-150
Civil plenary. Affirms judgment in favor of Bullaro & Carton P.C. on its breach of contract lawsuit and denies B&C’s request for sanctions.

Adrian P. Jerrell v. State of Indiana (NFP)
63A01-1207-CR-326
Criminal. Affirms convictions and 70-year sentence for two counts each of Class A felony child molesting and Class B felony sexual misconduct with a minor.

Ricky Eugene Arion v. State of Indiana (NFP)
08A04-1203-CR-115
Criminal. Affirms conviction of attempted residential entry and adjudication as a habitual offender.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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