Opinions May 27, 2014

May 27, 2014
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Indiana Court of Appeals
John Alden v. State of Indiana
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 The trial court abused its discretion when it denied his motion on the basis that the Legislature had repealed I.C. 35-38-8-3.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)
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)
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)
Civil tort. Affirms jury verdict in favor of defendants on Shidler’s medical malpractice complaint.

Troy A. Bratton v. State of Indiana (NFP)
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)
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)
Criminal. Affirms conviction of Class B felony attempted aggravated battery.

Dana Banks v. Evans Limestone Co. (NFP)
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)
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)
Juvenile. Affirms termination of parental rights.

Breondon D. Pinkston v. State of Indiana (NFP)
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)
Criminal. Affirms sentence for Class C felony child molesting.

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

Leonel H. Arellano v. State of Indiana (NFP)
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. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  2. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  3. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  4. I hope you dont mind but to answer my question. What amendment does this case pretain to?

  5. Research by William J Federer Chief Justice John Marshall commented May 9, 1833, on the pamphlet The Relation of Christianity to Civil Government in the United States written by Rev. Jasper Adams, President of the College of Charleston, South Carolina (The Papers of John Marshall, ed. Charles Hobson, Chapel Hill: Univ. of North Carolina Press, 2006, p, 278): "Reverend Sir, I am much indebted to you for the copy of your valuable sermon on the relation of Christianity to civil government preached before the convention of the Protestant Episcopal Church in Charleston, on the 13th of February last. I have read it with great attention and advantage. The documents annexed to the sermon certainly go far in sustaining the proposition which it is your purpose to establish. One great object of the colonial charters was avowedly the propagation of the Christian faith. Means have been employed to accomplish this object, and those means have been used by government..." John Marshall continued: "No person, I believe, questions the importance of religion to the happiness of man even during his existence in this world. It has at all times employed his most serious meditation, and had a decided influence on his conduct. The American population is entirely Christian, and with us, Christianity and Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. Legislation on the subject is admitted to require great delicacy, because freedom of conscience and respect for our religion both claim our most serious regard. You have allowed their full influence to both. With very great respect, I am Sir, your Obedt., J. Marshall."