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Opinions May 17, 2013

May 17, 2013
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Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.

Kirk B. Lynch v. State of Indiana
40S05-1301-CR-23
Criminal. Affirms trial court’s sentence of 40 years with five years suspended for attempted child molesting, a Class A felony. Finds the sentence was not inappropriate under Appellate Rule 7(B) because it exceeded the advisory sentence by 10 years.

Calvin Merida v. State of Indiana
69S01-1301-CR-24
Criminal. Affirms trial court imposition of consecutive advisory sentences for an aggregate term of 60 years for two counts of child molesting as Class A felonies. Vacated the Indiana Court of Appeal’s decision to revise the sentences under Appellate Rule 7(B), holding the sentences imposed were not inappropriate.

Indiana Court of Appeals
Ladonna A. Reck, As Personal Rep. of the Estate of Evelyn L. Holmes v. Harry Clifton Knight, M.D., Mona Siddiqui Saifullah, M.D., Community Health Network, Inc., et al. (NFP)
49A05-1208-CT-428
Civil tort/medical malpractice. Affirms denial of motion to correct error filed following dismissal of the proposed complaint after a statutorily imposed deadline passed.

Robert V. Allen v. State of Indiana (NFP)

71A03-1209-CR-408
Criminal. Affirms conviction of Class D felony theft.

Rodney D. Mosby v. State of Indiana (NFP)
71A04-1209-CR-469
Criminal. Affirms conviction of Class B felony robbery and Class A misdemeanor resisting law enforcement.
 
The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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  1. 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.

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

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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