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Opinions March 25, 2014

March 25, 2014
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Indiana Supreme Court
Joanna S. Robinson v. State of Indiana
20S04-1307-CR-471
Criminal. Affirms trial court’s denial of Robinson’s motion to suppress. Agrees with trial court in giving deference to deputy’s testimony that he initiated the traffic stop after observing Robinson drive off the roadway twice even though the video from the deputy’s in-car camera only shows Robinson weaving onto the fog line. Rucker dissents, asserting giving credit to the deputy’s testimony over the video amounts to reweighing evidence.

State of Indiana v. Darrell L. Keck
67S01-1403-CR-179
Criminal. Affirms the trial court’s grant of Keck’s motion to suppress on the grounds the officer lacked reasonable suspicion to initiate the traffic stop. Upholds trial court’s finding that the poor conditions of county roads necessitated Keck driving left-of-center to avoid the potholes.

Indiana Court of Appeals
Marjorie O. Lesley v. Robert T. Lesley
79A02-1305-DR-472
Domestic. Reverses an order granting rehabilitation maintenance for Marjorie O. Lesley, holding that the court lacked authority to re-evaluate a final dissolution order after she later was found to qualify for disability benefits from the Social Security Administration. Remands for support. In a separate concurring opinion, Judge John Baker wrote the court could have reserved judgment on the disability issue by continuing the hearing at which the final order was issued to await SSA’s determination on disability.

Victor Hugo Mesa v. State of Indiana
36A01-1308-MI-362
Miscellaneous/forfeiture. Affirms forfeiture of a vehicle on the state’s summary judgment motion, holding that Mesa did not properly request a summary judgment hearing and that no issue of material fact existed regarding whether the vehicle was seizable under Indiana Code § 34-24-1-1(a)(3).

Jerid T. Bennett v. State of Indiana
59A05-1306-CR-277
Criminal. Vacates a conviction of Class D felony possession of cocaine as double jeopardy for a conviction in the same case of Class B felony dealing in cocaine, but otherwise lets stand the dealing conviction as well as convictions of Class D felony maintaining a common nuisance and Class A misdemeanor possession of marijuana.

Robert Morris Endris v. Jennifer Lynn Endris (NFP)
41A01-1303-DR-130
Domestic relation. Reverses visitation order that stopped visits between Robert Endris and his daughter and modified parenting time with the other children without explanation. Also reverses order that paternal grandmother, who was not a party to the dissolution, host the children during bi-annual visits. Remands to the trial court to enter an order either complying with Parenting Time Guidelines or explaining the deviation when modifying the visitation for the other children. Affirms denial of Endris’ motion to modify child support.

Vernon Robinson v. Estates At Eagle's Pointe (NFP)
52A02-1306-PL-528
Civil plenary. Reverses the trial court’s order to the extent that it awarded the Estates $57,375 but affirms the remainder of the order. Remands for entry of judgment in favor of Estate in the amount of $46,375 plus attorneys fee of $25,000 and costs.

Dennis Knight v. State of Indiana (NFP)
71A04-1309-CR-475
Criminal. Affirms conviction of one count of Class B felony robbery.

Richard Antonio Clark v. State of Indiana (NFP)
45A03-1308-CR-337
Criminal. Affirms three-year sentence for Class D felony strangulation and Class A misdemeanor domestic battery.

The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.


 

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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