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Opinions May 20, 2013

May 20, 2013
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The following opinions were posted after IL deadline Friday:
Indiana Tax Court
Board of Commissioners of the County of Jasper, Indiana v. Micah G. Vincent, Commissioner, Indiana Department of Local Government Finance
49T10-1011-TA-59
Tax. Reverses and remands the DLGF’s denial of a request to establish a cumulative building fund and levy for a county hospital, holding that the decision was arbitrary and capricious. The court rejected DLGF’s argument that the statute’s language that a fund and levy may be established “for not more than 12 years” did not preclude re-establishment of a fund that expired.

Indiana Supreme Court
In the Matter of: Arthur J. Usher, IV
49S00-1105-DI-298
Discipline. In a per curiam decision, justices suspend Usher for three years for violating several Indiana Professional Conduct Rules stemming from an incident where he had his paralegal email more than 50 attorneys a video clip purporting to depict a former summer intern nude in a film.

Monday’s opinions
7th Circuit Court of Appeals
United States of America v. John W. Bloch, III
12-2784
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms in part, reverses in part and remands. The court affirmed a conviction of firearm possession by a felon, but found error in convictions of two counts under 18 U.S.C. Section 922 because the possession of two firearms arose from the same incident. Ordered the District Court for the Northern District of Indiana to merge the convictions and resentence Bloch on a single count.

United States of America v. Jamel H. Brown
12-3413
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms 400-month sentence on a conviction of unlawful possession of a firearm, holding that the sentence in the District Court for the Southern District of Indiana was rendered after an acceptable consideration of disputed matter in the presentence report.

Indiana Court of Appeals
David F. Wood v. State of Indiana
49A02-1207-CR-615
Criminal. Reverses convictions and aggregate 11-year sentence for Class B felony possession of a firearm by a serious violent felon and five counts of Class D felony possession of child pornography. The court vacated the SVF conviction, finding error because a plea was accepted after a jury returned a verdict form marked “No” regarding whether Wood knowingly or intentionally possessed a firearm. The court also found that five, consecutive one-year sentences for Class D felony convictions violates a cap of four years in I.C. 35-50-1-2. Remands for resentencing.

Roger Jay Piatek, M.D., and The Piatek Institute v. Shairon Beale
49A04-1209-CT-463
Civil tort. Affirms trial court’s denial of Piatek’s motion for mistrial. Found that a reference by Beale’s counsel during the trial to Piatek pleading the Fifth Amendment was generic and did not subject the doctor to greater prejudice. Also, the court held the trial court’s admonition to the jury was sufficient to cure any prejudice from the reference to pleading the Fifth.  

Jeffery S. Williams v. State of Indiana (NFP)
59A05-1209-CR-487
Criminal. Affirms in part and reverses in part Williams’ 15-year sentence for pleading guilty to one count of possession of methamphetamine as a Class B felony. Remands for the trial court to decide whether to grant Williams credit for his pre-trial release on bond. Rules Williams failed to show the trial court abused its discretion when it did not enter a written sentencing statement with an explanation for the sentence imposed. Expresses no opinion on Williams’ claim the trial court abused its discretion by failing to recognize mitigating factors. Finds that Williams failed to meet his burden of establishing that his sentence was inappropriate.

Gina West v. Midland Credit Management, Inc. (NFP)
03A01-1208-CC-395
Civil collection. Reverses the denial of motion to set aside a default judgment. Rules West had shown prima facie error in the denial of her motion as her motion did not have to be brought within a year and she proved service was improper.  

Kevin E. Scheumann and Tina Reynolds v. Danny Clark, Jason L. Little, Recovery One LLC, Renovo Services LLC, Renaissance Recovery Solutions LLC, Citifinancial Auto Credit Inc., et al. (NFP)
02A03-1210-CT-448
Civil tort. Affirms trial court entering final judgment in favor of Renovo Services LLC on its summary judgment ruling. Found the trial court did not err in finding that Renovo was not liable for any of the plaintiffs’ claims or any wrongdoing of the independent contractors under a theory of respondeat superior.  

Creditmax, Inc. v. Steve D. Jones (NFP)
03A05-1211-CC-598
Civil collection. Affirms trial court’s order that entered a limited garnishment of Jones’ wages in the amount of $20 per week in favor of Creditmax.

George Johnson v. State of Indiana (NFP)
49A02-1207-CR-616
Criminal. Affirms Johnson’s 20-year sentence imposed following his convictions of Class B felony criminal confinement and Class A misdemeanor battery. Ruled in light of Johnson’s character and offense, the sentence is not inappropriate.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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