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Opinions May 27, 2014

May 27, 2014
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Indiana Court of Appeals
John Alden v. State of Indiana
30A05-1309-MI-463
Miscellaneous. Reverses denial of motion to prohibit the release of Alden’s criminal record. The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3. Remands for the trial court to consider the merits of his motion.

Richard M. Tallman v. State of Indiana, Indiana Department of Natural Resources, et al. (NFP)
51A01-1305-PL-241
Civil plenary. Affirms summary judgment in favor of the Department of Natural Resources and other state actors on Tallman’s complaint alleging that DNR officer Anthony Mann negligently injured Tallman when he arrested him.

In Re: The Paternity of A.G.P.; M.O. v. R.K.P. (NFP)
39A05-1311-JP-558
Juvenile. Affirms denial to set aside a paternity decree.

Tamara J. Shidler, surviving spouse of Michael R. Shidler v. Dennis G. Lockrey, M.D., and Sigma Medical Group, LLC, d/b/a Sigma Med Express Care, and James D. Pike, D.O., et al. (NFP)
79A05-1308-CT-410
Civil tort. Affirms jury verdict in favor of defendants on Shidler’s medical malpractice complaint.

Troy A. Bratton v. State of Indiana (NFP)
02A05-1310-CR-513
Criminal. Affirms the trial court decision that declined to find Bratton’s mental health to be a mitigating circumstance. Reverses Bratton’s sentence and the award of 67 days of credit time. Remands with instructions.

Chukwuemeka Chidebelu-Eze v. State of Indiana (NFP)
49A02-1308-CR-720
Criminal. Affirms battery convictions, one as a Class C felony and one as a Class D felony, and Eze’s sentence.

Marquise Lee v. State of Indiana (NFP)
49A02-1310-CR-869
Criminal. Affirms conviction of Class B felony attempted aggravated battery.

Dana Banks v. Evans Limestone Co. (NFP)
93A02-1307-EX-600
Agency action. Affirms denial of Dana Banks’ petition for lack of diligence, which was filed against his employer, Evans Limestone, which refused to authorize a spinal cord stimulator procedure that was recommended by three physicians.

Timothy E. Gabehart v. State of Indiana (NFP)
70A01-1401-CR-2
Criminal. Affirms denial of motion to withdraw guilty plea.

In the Matter of the Termination of the Parent-Child Relationship of L.B. and J.B., W.B. v. Indiana Department of Child Services (NFP)
73A04-1310-JT-545
Juvenile. Affirms termination of parental rights.

Breondon D. Pinkston v. State of Indiana (NFP)
02A04-1309-CR-481
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class A misdemeanor criminal trespass.

Jackie Robson v. State of Indiana (NFP)
64A04-1309-CR-486
Criminal. Affirms sentence for Class C felony child molesting.

James E. Robinson v. State of Indiana (NFP)
12A02-1308-PC-775
Post conviction. Reverses denial of petition for post-conviction relief and remands for an evidentiary hearing.

Leonel H. Arellano v. State of Indiana (NFP)
02A03-1309-CR-373
Criminal. Affirms convictions and sentence for child molesting as a Class A felony and two counts of child molesting as Class C felonies.

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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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