ILNews

Opinions March 29, 2011

March 29, 2011
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Indiana Supreme Court
Edward Dawson v. State of Indiana
49S02-1103-CR-176
Criminal. Rules that the Indiana Court of Appeals was correct in declining Edward Dawson’s belated appeal of the trial court’s decision to revoke Dawson’s probation and impose a six-year sentence. States that the COA correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2, as the sanction imposed when probation is revoked does not qualify as a “sentence” under the rule, and therefore Dawson is not an “eligible defendant.” Grants transfer and adopts and incorporates by reference the opinion of the Court of Appeals under Appellate Rule 58(A)(1).

Indiana Court of Appeals
Mike Hawa v. Gerald R. Moore
87A01-1007-SC-344
Small claim. Affirms small claims court ruling in favor of a countersuit against property owner Mike Hawa, stating Hawa failed to provide contractor Gerald Moore with adequate assurance that Hawa would pay him for his services. States that small claims court erred by awarding Moore the cost of transporting materials after the lawsuit was filed, saying Moore should have used reasonable diligence to mitigate. Reverses with instructions to reduce Moore’s damage award amount.

Connie Brumley, et al. v. Commonwealth Business College Education Corp. d/b/a Brown Mackie College
45A04-1002-CT-66
Civil tort. Affirms trial court’s order compelling arbitration, ruling that the plaintiffs’ actions challenge Brown Mackie’s entire enrollment agreement, not just its arbitration clause. Judge Barnes concurs in a separate opinion.

Ricky D. Whitaker v. Travis M. Becker, et al.
02A03-1006-CT-303
Civil tort. Reverses trial court’s decision to deny Ricky Whitaker’s motion to correct error, stating the court’s decision was an abuse of discretion. Reverses trial court’s decision dismissing the case and awarding $3,700 to Becker’s counsel as reasonable attorney fees for unacceptable conduct. Orders sanction of Whitaker’s counsel with orders to pay $625 in reasonable attorney fees to Becker’s counsel, and remands for further consideration.

Francisco Ponce v. State of Indiana (NFP)
49A05-1008-CR-492
Criminal. Affirms trial court’s sentencing of Francisco Ponce on convictions of two counts of Class B felony aggravated battery, Class C felony battery, Class A misdemeanor resisting law enforcement, and Class C felony carrying a handgun without a license.

Eddie J. Williams, Jr. v. State Employees' Appeals Commission (NFP)
49A02-1011-MI-1269
Miscellaneous. Affirms trial court’s dismissal of appellant’s petition for judicial review of a decision by the State Employees’ Appeals Commission.

The Indiana Tax Court had posted no opinions at IL deadline.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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