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Opinions March 27, 2014

March 27, 2014
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Indiana Supreme Court
Christopher Smith v. State of Indiana
18S02-1304-CR-297
Criminal. Affirms conviction and sentence for Class B misdemeanor failure to report a student’s rape allegation to DCS or local law enforcement based on the statute that requires a school to report instances of child abuse. The reporting requirement is not unconstitutionally vague and there is sufficient evidence to sustain Smith’s conviction. Justices Rucker and Chief Justice Dickson dissent in a separate opinion.

Front Row Motors, LLC and Jerramy Johnson v. Scott Jones
49S02-1311-PL-758
Civil plenary. Reverses denial of Front Row Motors’ motion to set aside default judgment. The trial court lacked jurisdiction over the dealership at the time the default was entered.

Indiana Court of Appeals
Douglas J. Allison v. Heather Pepkowski
64A05-1311-PO-554
Protective order. Dismisses appeal for lack of jurisdiction. Because the court’s extension granted a temporary protection order, which is not appealable as of right, Allison was required to seek a discretionary interlocutory appeal, which he did not do.

Bobby Wine v. State of Indiana (NFP)
85A05-1307-CR-382
Criminal. Affirms conviction of Class B felony dealing in a Schedule I, II or III controlled substance.

In the Matter of the Adoption of L.T.: J.M. and S.M. v. C.T. (NFP)
49A05-1310-AD-493
Adoption. Affirms order by Marion Superior Court, Probate Division, terminating the guardianship of L.T. by his maternal grandparents on grounds that Hamilton Superior Court 1 lacked subject-matter jurisdiction over L.T.’s guardianship. Remands for further proceedings, including that the parties immediately place L.T. in her father’s custody.

Ty C. Wilkerson v. State of Indiana (NFP)
79A02-1307-CR-609
Criminal. Affirms conviction and eight-year sentence for Class C felony battery resulting in serious bodily injury.

Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-377
Criminal. Affirms grant of state’s motion to join charges under two separate cause numbers for trial.

Austin M. Scholl v. State of Indiana (NFP)
29A02-1309-CR-801
Criminal. Affirms convictions of Class B felony criminal deviate conduct and Class D felony sexual battery.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “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.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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