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Opinions March 23, 2012

March 23, 2012
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The 7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Troy R. Smith v. State of Indiana
35S02-1106-CR-369
Criminal. Affirms trial court’s judgment to revoke probation for Troy Smith on grounds that he failed to pay weekly child support as a condition of his probation. Justices disagreed with Smith’s appellate argument that state failed to carry its burden of proof that his failure to pay was reckless, knowing or intentional.

Brice Webb v. State of Indiana
71S05-1106-CR-329
Criminal. Reverses murder conviction and remands for a new trial, finding the trial court inproperly denied a request for jury instruction on a lesser offense of reckless homicide. Finds evidence is sufficient to support the jury’s guilty verdict, but evidence also created serious evidentiary dispute about his acting knowingly or recklessly. Trial court committed reversible error by not instructing the jury on a lesser-included offense. Justice Steven David and Chief Justice Randall Shepard dissented in a separate opinion.

Indiana Court of Appeals
The Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders
43A01-1103-PL-136
Civil plenary. Affirms trial court’s dismissal of a lawsuit against Keystone Builders involving an independent subcontractor who fell off a ladder, broke his neck and died. Finds the trial court properly granted a motion to set aside default judgment and a motion to dismiss the estate’s action.

City of Evansville and Evansville Water and Sewer Utility v. United States Fidelity and Guaranty Company, et al.
49A02-1104-PL-375
Civil Plenary. Affirms trial court’s grant of summary judgment in favor of insurance companies regarding city’s lawsuit about coverage for pollution discharge into local waterways. Holds that trial court properly determined the insurers were entitled to summary judgment because the city was seeking coverage for projects to prevent future discharges of combined-sewer overflows rather than to remediate past discharges.

Schwala Royal v. State of Indiana (NFP)
02A04-1108-CR-486
Criminal. Affirms Class D felony conviction of prostitution.
 
Athena Y. Collins v. State of Indiana (NFP)
45A03-1104-CR-168
Criminal. Reverses jury conviction of Class A felony voluntary manslaughter. Affirms in part on grounds that trial court did not err in giving a jury instruction. Remands for a new trial.

William H. Lane v. Connie S. Lane (NFP)
18A02-1107-DR-668
Divorce. Affirms trial court’s division of property in a husband and wife’s dissolution of a second marriage.

Indiana  Tax Court had posted no opinions at IL deadline.



 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. 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.

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