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Opinions May 25, 2012

May 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

E. Paul Haste v. State of Indiana
03A01-1108-CR-369
Criminal. Dismisses Haste’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine because the order from which he appeals isn’t a final judgment.

Mark Gasser v. Lesa B. Downing, Auto-Owners Insurance Company, and Property Owners Insurance Company
19A05-1108-PL-419
Civil plenary. Affirms denial of Gasser’s motion for summary judgment, and affirms summary judgment in favor of Auto-Owners, on Gasser’s suit for underinsured motorist coverage. Gasser’s friend’s car, in which Gasser was riding, was not a “temporary substitute” for purposes of the Auto Owners policy because it was being used as a favor or friendly accommodation, not to fulfill a legal or contractual obligation Gasser had.

Cody Dallas v. Brandon Cessna
80A02-1110-CT-925
Civil tort. Affirms finding that Dallas is jointly and severally liable to Cessna for damages following intentional acts of battery. The Comparative Fault Act clearly stipulates that Cessna may recover 100 percent of his damages for the intentional tort from Dallas, as Dallas pleaded guilty after a prosecution based on the same evidence used in the civil proceedings.
 
In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased; Mark Allen Shuler and David Lee Shuler, co-personal representatives v. Estate of George Botkins and Larry Botkins, personal rep.
22A05-1109-ES-481
Estate supervised. Dismisses appeal by Mark and David Shuler of the trial court’s denial of their motion to set aside a family settlement agreement relating to the administration of Ruby Botkins’ estate because the order is neither a final judgment nor an appealable interlocutory order.

Anthony Dorelle-Moore v. State of Indiana
45A04-1109-CR-482
Criminal. Affirms murder conviction. Dorelle-Moore claimed the trial court abused its discretion relating to the prosecutor’s communications with a potential witness. Any suppression of a witness’s testimony was no more than a harmless error.

Tyjuan J. Dixon v. State of Indiana
45A03-1110-CR-482
Criminal. Affirms convictions of murder and two counts of Class A felony attempted murder. The trial court did not abuse its discretion when it allowed the state to introduce extrinsic evidence in the form of testimony from a police detective as impeachment of another prosecution witness.

Anthony McCoy v. State of Indiana (NFP)
02A03-1110-PC-511
Post conviction. Affirms denial of petition for post-conviction relief.

Keith M. Butler v. State of Indiana (NFP)
02A03-1105-CR-187
Criminal. Affirms convictions of and sentence for two counts each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor and one count of Class D felony child solicitation.

William Pargo v. State of Indiana (NFP)
49A05-1104-CR-174
Criminal. Affirms grant of state’s motion to amend charges against Pargo.

Clovis Smith v. Alexandra Ryan (NFP)
07A01-1111-PO-518
Protective order. Affirms issuance of protection order and determination that Smith is “Brady disqualified” from buying a firearm.

Victoria Thomas v. National Education Association-South Bend and South Bend School Corporation (NFP)
71A03-1107-MI-383
Miscellaneous. Affirms denial of Thomas’ motion to stay and affirmation of the decision by the Indiana Education Employment Relations Board that concluded the National Education Association – South Bend did not violate its duty to fairly represent Thomas in her grievance against her employer, South Bend Community School Corp.

Lucas E. Holland v. State of Indiana (NFP)
53A01-1107-CR-333
Criminal. Affirms sentence for murder and Class B felony armed robbery.

Lorinda Harper v. State of Indiana (NFP)
90A02-1110-CR-981
Criminal. Affirms conviction of Class D felony receiving stolen property.

Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-939
Criminal. Affirms order that Lawrence serve his entire suspended sentence following a probation violation.

Shane J. Johnson v. State of Indiana (NFP)
84A01-1107-CR-350
Criminal. Affirms in part and remands for a more specific statement of the terms of Johnson’s probation revocation consistent with the opinion.

Jeremy Kyle Everhart v. State of Indiana (NFP)
64A04-1105-CR-253
Criminal. Dismisses appeal for lack of jurisdiction.

Paul Esparza v. Denis Lynch (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/may/05251204msm.pdf
75A04-1104-SC-184
Small claim. Affirms $1,000 judgment in favor of Lynch for destruction of property.
 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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