ILNews

Opinions May 25, 2012

May 25, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

ADVERTISEMENT