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Opinions March 8, 2011

March 8, 2011
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The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Lisa Gray v. State of Indiana
82A01-1005-CR-223
Criminal. Reverses Gray’s conviction of possession of marijuana as a Class A misdemeanor. She contended there was insufficient evidence that she constructively possessed the marijuana. Judge Cale Bradford dissents, writing that Gray was in close proximity to the marijuana and that it was in plain view, as officers had testified at trial.

Anderson Property Management LLC v. H. Anthony Miller, Jr. LLC.
43A03-1003-PL-239
Civil. Reverses trial court’s holding that the mediated agreement is enforceable and the trial court’s order that the parties execute and record the amendment to negative easement and perform their respective obligations of the mediated agreement. Also vacates trial court’s order that each party shall pay its own attorneys fees and instructs the trial court to consider this issue when it enters final judgment in this proceeding. Remands with instructions.

Mark Lesh v. Richard Chandler and Marilyn Chandler
44A05-1003-PL-197
Civil. Affirms trial court’s conclusion Lesh’s actions amounted to a private nuisance. Reverses trial court’s decision to extend the protective order dated April 26, 2006, because the proceedings on which that order was based were dismissed with prejudice by stipulation of the parties on Sept. 28, 2006. As the protective order was not in effect after Sept. 28, 2006, the finding that Lesh violated its terms is reversed. Remands for redaction of the language in Judgment Items C and G regarding the protective order. Also affirms the permanent injunction entered against Lesh, the contempt finding against Lesh, and the damages awarded in favor of the Chandlers.

Anna Quimby v. Becovic Management Group, Inc.
49A05-0912-CV-747
Civil. Affirms dismissal of Quimby’s wage claim against Becovic Management Group. She had assigned that claim to the Department of Labor, where it was resolved. Claimants who proceed under the Wage Claim statute submit their claim to the DOL rather than filing a complaint with the trial court. Immediately above her signature, the form filed with the DOL stated, “Pursuant to IC 22-2-9-5, I hereby assign to the Commissioner of Labor all my rights, title and interest in and to the above certified claim for processing in accordance with the provisions of IC 22-2-9-1, et seq.”

In the Matter of J.C., Alleged to be CHINS; K.M. and J.C. v. Indiana Dept. of Child Services, et al. (NFP)
49A02-1007-JC-878
Juvenile. Affirms CHINS determination and remands for corrections to juvenile court’s orders that improperly reflect that J.C. was removed from the home during the underlying proceedings.

Robert D. Baxton, Jr. v. State of Indiana (NFP)
82A01-1006-CR-294
Criminal. Affirms conviction of robbery as a Class B felony.

Joseph M. Ferry v. State of Indiana (NFP)
49A05-1006-CR-379
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Glen Leroy Rusher v. State of Indiana (NFP)
48A02-1006-CR-656
Criminal. Affirms revocation of probation.

A.G. v. State of Indiana (NFP)
71A05-1007-JV-450
Juvenile. Affirms adjudication as a delinquent child for receiving stolen property, which would be a Class D felony if committed by an adult; and criminal trespass, which would be a Class A misdemeanor if committed by an adult.

Town of Highland and Highland Sanitary District v. Lee Lieberman, et al. (NFP)
45A05-1003-CT-178
Civil. Affirms denial of motion for summary judgment by Town of Highland and the Highland Sanitary District, and remands for trial.

Anthony Scott v. State of Indiana (NFP)
49A02-1007-CR-810
Criminal. Affirms Scott’s conviction of Class A misdemeanor resisting law enforcement.

Vincent Demus v. State of Indiana (NFP)
66A03-1008-CR-442
Criminal. Affirms convictions of Class D felony possession of marijuana, Class D felony resisting law enforcement, Class B misdemeanor reckless driving, and Class C misdemeanor operating a vehicle with a controlled substance in his body.

Mark Kennedy v. State of Indiana (NFP)
49A04-1005-CR-265
Criminal. Affirms convictions of attempted murder, a Class A felony; and carrying a handgun without a license, a Class A misdemeanor. Also affirms adjudication that found him to be a habitual offender.

L.H. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-1003-EX-327
Civil. Affirms decision of the review board to deny L.H.’s unemployment benefits.

Devon Walton v. State of Indiana (NFP)
32A05-1007-CR-483
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement by fleeing.

Willie J. Herman, Jr. v. State of Indiana (NFP)
02A03-1006-CR-359
Criminal. Affirms sentence for Class D felony possession of marijuana.

The Indiana Tax Court posted no opinions before IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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