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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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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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