ILNews

Opinions May 12, 2011

May 12, 2011
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Indiana Supreme Court
State ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc.
36S01-1009-CV-469
Civil. Holds the attorney general’s attempt to recover a “tax refund” from Aisin in Jackson Superior Court may proceed. It does not arise under the tax laws because the “refund” was the result of accounting and clerical errors with in the Department of Revenue that were wholly unrelated to any interpretation or application of tax law. Justices Rucker and Dickson dissent.

Richard L. Barnes v. State of Indiana
82S05-1007-CR-343
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. There is no right to reasonably resist unlawful entry by police officers, so the trial court didn’t err in failing to give Barnes’ proffered jury instruction on this right, and the evidence was sufficient to support Barnes’ convictions. Justices Rucker and Dickson dissent.


Indiana Court of Appeals
Commissioner of Labor on the Relation of Vincent and Antimo Scialdone v. An Island, LLC
49A05-1011-PL-777
Civil plenary. Affirms grant of An Island LLC’s motion to dismiss for improper venue and order the case transferred to Perry County. The trial court did not abuse its discretion when it determined that Perry County was the only preferred venue for the case.

Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.

Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.

James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.

Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.

Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.

Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.

Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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