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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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