ILNews

Opinions May 10, 2012

May 10, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Allison Riggle v. State of Indiana
49A05-1109-CR-472
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The traffic stop was invalid because Riggle did not commit a traffic violation. Remands with instructions to vacate her conviction.

Latisha Lawson v. State of Indiana
02A03-1107-CR-350
Criminal. Affirms convictions of murder, Class C felony neglect of a dependent, Class D felony neglect of a dependent and Class D felony battery. There is sufficient evidence to support the jury’s rejection of Lawson’s insanity defense.

Thomas A. Neu and Elizabeth A. Neu, and Wells Fargo Bank, N.A. v. Brett Gibson
49A02-1109-MF-842
Mortgage foreclosure. Reverses denial of the Neus’ motion for relief from judgment and their request for attorney fees following Gibson’s full credit bid during a sheriff’s sale of real property located in Michigan. Remands with instructions to award the Neus reasonable attorney fees in litigating this action since August 2007.

Larry R. Busche, II v. State of Indiana (NFP)
02A03-1108-CR-418
Criminal. Affirms conviction of and sentence for Class B felony rape.

Raymond H. Mims v. State of Indiana (NFP)
49A04-1109-CR-499
Criminal. Affirms conviction of Class C felony forgery.

Sharon D. Collins v. State of Indiana (NFP)
48A05-1109-CR-490
Criminal. Affirms imposition of consecutive sentences for Collins’ four Class B felony arson convictions, but remands with instructions to resentence her because the arson sentences violate the statutory maximum for felony convictions arising out of an episode of criminal conduct.

Gary W. Ferguson v. State of Indiana (NFP)
73A05-1108-CR-434
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug.

Seth T. Lipscomb v. State of Indiana (NFP)
71A03-1109-CR-443
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony theft.

In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)
71A03-1107-ES-324
Estate, supervised. Affirms denial of Donna McMillen’s petition in which she sought to remove Kane as the personal representative of the estate and as trustee of a trust established by Nancy McMillen’s will, of which Donna McMillen was the named beneficiary.

Michael West v. State of Indiana (NFP)
49A04-1108-PC-451
Post conviction. Affirms denial of petition for post-conviction relief.

Russell W. Yerden v. State of Indiana (NFP)
49A02-1110-PC-1010
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands for correction of Yerden’s sentence.

 

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  1. 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.

  2. 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?

  3. 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

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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