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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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