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Opinions May 21, 2014

May 21, 2014
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Indiana Court of Appeals
Jacob Herron v. State of Indiana
56A03-1306-CR-210
Criminal. Reverses convictions of Class B felony burglary and Class D felony receiving stolen property. The jury may have relied on the impeachment evidence as substantive evidence in this case. Remands for retrial, if the state chooses. Judge Riley dissents in part, finding enough circumstantial evidence to convict Herron.

Tierra Rae Pierson, a Minor, Deceased, by her next friend and parent, Betina Pierson, and Betina Pierson, Individually, and Ryan Pierson, Individually v. Service America Corporation, et al.
49A02-1307-CT-561
Civil tort. Reverses summary judgment in favor of Centerplate on the Piersons’ negligence claim. Reasonable inferences to be drawn from the designated materials could permit a fact-finder to conclude that a Centerplate designee served Gaff beer while knowing him to be visibly intoxicated. Gaff later drove while intoxicated and struck and killed Tierra Rae Pierson. As Centerplate did not, based upon undisputed facts, negate an element of the negligence claim, summary judgment was improvidently granted.

Wayne Hurd v. State of Indiana
49A02-1309-CR-753
Criminal. Affirms conviction of Class B misdemeanor battery and the decision to exclude Hurd’s mother as a witness. Reverses imposition of a probation condition that Hurd not go within a nearly 2-mile radius of 38th and College in Indianapolis. Remands with instructions to vacate any pending probation violations based upon that condition. The trial court abused its discretion in imposing that condition because it was not reasonably related to his treatment and the protection of the public safety.  

Jeremy Lyn Davis v. State of Indiana (NFP)
48A02-1307-CR-670
Criminal. Affirms seven-year sentence for Class C felony battery by means of a deadly weapon.

Brice L. Webb v. State of Indiana (NFP)
71A05-1305-CR-263
Criminal. Affirms murder conviction.

Brandan L. Martin v. State of Indiana (NFP)
52A02-1311-CR-966
Criminal. Affirms four-year sentence for Class D felony possession of marijuana and Class A misdemeanor battery.

Tina Cox v. State of Indiana (NFP)
49A04-1309-CR-447
Criminal. Affirms conviction of Class D felony possession of methamphetamine.

In the Matter of: J.J., F.J., J.O., & C.O., Minor Children, and M.O., Mother v. The Indiana Department of Child Services (NFP)
06A01-1310-JC-479
Juvenile. Affirms determination that the four children are children in need of services.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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