ILNews

Opinions March 21, 2011

March 21, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Darryl Harris v. United Water Services, Inc.
93A02-1010-EX-1164
Civil. Reverses the decision by the Full Worker’s Compensation Board affirming the grant of United Water’s motion to dismiss. Harris’ deposition testimony doesn’t support the board’s finding that he admitted that his condition stemmed from a single incident and the board applied the wrong burden of proof. Remands for further proceedings.

Larry Bowyer v. Indiana Dept. of Natural Resources
09A05-0912-CV-740
Civil. Affirms order granting permanent mandatory injunction and damages in favor of the Indiana Department of Natural Resources, which said that Bowyer must remove the fill he placed in the lake and restore it to as close to its natural condition as possible. The trial court did not err in its application or construction of Indiana Code Section 14-26-2-6, and the order’s findings of fact, conclusions of law, and judgment were not clearly erroneous.

Stephen B. Reeves v. State of Indiana (NFP)
20A03-1006-PC-324
Post conviction. Affirms denial of petition for post-conviction relief.

Nicole Cooper v. State of Indiana (NFP)
34A02-1004-CR-506
Criminal. Affirms sentence imposed following revocation of probation.

Term. of Parent-Child Rel. of A.K. Jr., et al.; A.K. Sr. v. I.D.C.S. (NFP)
27A02-1009-JT-1004
Juvenile. Affirms involuntary termination of parental rights.

Jeremy Knoy v. State of Indiana (NFP)
79A02-1004-CR-431
Criminal. Affirms conviction of and sentence for felony murder.

Christopher Rondeau v. State of Indiana (NFP)
49A02-1006-CR-694
Criminal. Affirms murder conviction.

Bruce E. Wilson v. State of Indiana (NFP)
48A05-1007-CR-435
Criminal. Affirms sentence following guilty plea to Class D felony dealing in marijuana.

Shawn Hattery v. State of Indiana (NFP)
43A03-1002-CR-62
Criminal. Affirms convictions of and sentence for Class D felonies obstruction of justice, theft, criminal confinement, and sexual battery; Class A felonies burglary, attempted criminal deviate conduct, two counts of criminal deviate conduct, and three counts of rape; and Class C felony battery.

Terry Davis v. State of Indiana (NFP)
49A02-1006-PC-747
Post conviction. Affirms denial of petition for post-conviction relief.

Mauricio Carvajal v. State of Indiana (NFP)
43A05-1007-CR-463
Criminal. Affirms denial of motion to withdraw guilty plea.

Carnival Cruise Lines, Inc. v. Doris Beard (NFP)
45A04-1009-SC-529
Small claims. Reverses denial of Carnival’s motion to dismiss Beard’s claim.

Evan Sapp v. State of Indiana (NFP)
84A01-1006-CR-330
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 23 for the week ending March 18.
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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