Opinions March 25, 2014

March 25, 2014
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Indiana Supreme Court
Joanna S. Robinson v. State of Indiana
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
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
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
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
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)
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)
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)
Criminal. Affirms conviction of one count of Class B felony robbery.

Richard Antonio Clark v. State of Indiana (NFP)
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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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.