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Opinions - May 25, 2010

May 25, 2010
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Indiana Supreme Court

Desmond Davidson v. State of Indiana
49S02-1001-CR-41
Criminal. Affirms trial court and agrees with Court of Appeals. Finds that upon the review of sentence appropriateness under Appellate Rule 7, appellate courts may consider all aspects of the penal consequences imposed by the trial judge in sentencing the defendant. Disapproves of the contrary views expressed in Eaton, 825 N.E.2d at 1290–91; Pagan, 809 N.E.2d at 926; and Cox, 792 N.E.2d at 904.

Indiana Family and Social Services Administration v. Alice V. Meyer, et al.
69S01-0905-CV-233
Civil. Unanimously holds the trial court has no authority to grant a motion for an extension of time to file the record if the motion is filed after the time for filing the record and any previous extensions have expired. Supreme Court is divided as to whether a case may go forward where a full record of proceedings has not been filed. The Court of Appeals decision therefore remains in place and the trial court‘s order remanding this case to FSSA is affirmed.

Indiana Court of Appeals

Susan Kozlowski v. Lake County Plan Commission, Dordija Dordieski, Lana Dordieski, Jon Bruskoski, and Liberty Bruskoski
45A03-0909-CV-430
Civil. Affirms denial of Kozlowski’s motion for summary judgment regarding her claims against the Dordieskis and the Bruskoskis and the Lake County Plan Commission. Grants the request of the Dordieskis and the Bruskoskis for appellate fees, and remands for a determination of reasonable appellate attorneys’ fees.

Cynthia VanTreese v. State of Indiana (NFP)
49A02-0912-PC-1271
Post-conviction. Affirms denial of VanTreese’s petition for post-conviction relief, which challenged her 1981 conviction of Class D felony possession of marijuana or hashish.

Termination of Parent-Child Relationship of H.J.F.; S.S.W. v. Indiana Dept. of Child Services (NFP)
71A03-1002-JT-68
Juvenile. Affirms probate court’s order involuntarily terminating S.S.W. (mother)’s parental rights to H.J.F.

Timothy Bitter v. State of Indiana (NFP)
24A01-0908-CR-382
Criminal. Reverses and remands Bitter’s conviction of and sentence for child molesting as a Class C felony.

Mitchell L. King v. State of Indiana (NFP)
45A03-0911-CR-505
Criminal. Affirms King’s conviction by jury of theft as a Class D felony.

Richard Saunders v. State of Indiana (NFP)
54A01-0911-CR-554
Criminal. Affirms Saunders’ conviction of dealing in a schedule II controlled substance, a Class A felony.

Juan Beasley v. State of Indiana (NFP)
49A02-0910-CR-1019
Criminal. Affirms Beasley’s conviction of two counts of robbery as Class B felonies.

Nelisa Glover v. State of Indiana (NFP)
49A05-0911-CR-620
Criminal. Affirms Glover’s conviction of Class A misdemeanor prostitution.

B.G. v. Review Board of the Indiana Dept. of Workforce Development and Celadon Trucking Services Inc. (NFP)
93A02-0910-EX-1030
Administrative. Affirms decision of the Unemployment Insurance Review Board to affirm the dismissal of B.G.’s appeal from the denial of unemployment benefits for failure to appear for a telephonic, evidentiary hearing.

David Smith v. First Farm Mutual Insurance Co. (NFP)
36A01-0912-CV-574
Civil. Reverses and remands trial court’s entry of summary judgment in favor of First Farm Mutual Insurance Company on Smith’s claim for breach of insurance contract.

Steven Scott v. State of Indiana (NFP)
49A02-0910-CR-1048
Criminal. Affirms Scott’s conviction of battery as a Class A misdemeanor.

Indiana Tax Court posted no opinions before IL deadline.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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