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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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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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