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Opinions May 30, 2013

May 30, 2013
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7th Circuit Court of Appeals
United States of America v. Daniel L. Delaney
12-2849
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Delaney’s argument that no reasonable juror could have failed to find that he acted in the heat of passion when he killed his cellmate fails because there was considerable evidence of forethought, much of it emanating from the defendant’s own statements. Judge Bauer concurs.

Indiana Court of Appeals
In the Matter of the Parent-Child Rel. of: B.H. & B.H., and T.H. v. The Indiana Dept. of Child Services
52A02-1210-JT-849
Juvenile. Affirms termination of parental rights. Holds the social worker who testified about a parenting assessment called Child Abuse Potential Inventory was able to testify as an expert witness in this case based on Ind. Evidence Rule 702. Concludes that CAPI is based on reliable principles and therefore the trial court did not err by allowing testimony about mother T.H.’s CAPI results.

Jeffrey Embrey v. State of Indiana
82A01-1211-CR-494
Criminal. Affirms conviction of Class C felony neglect of a dependent. The trial court acted within its discretion in admitting certain evidence under the business records exception to the hearsay rule, and the evidence is sufficient to sustain Embrey’s conviction.

Dean Eric Blanck v. State of Indiana
47A01-1209-CR-424
Criminal. Affirms denial of petitions for permission to file a belated notice of appeal and for appointment of appellate counsel. Because Blanck is ineligible to bring a belated appeal under Post-Conviction Rule 2, the trial court properly denied his petition to appoint counsel for that purpose.

Joshua Lindsey v. Adam Neher
08A04-1211-MI-575
Miscellaneous. Reverses denial of Lindsey’s motion to rescind a tax deed issued to Neher. The tax deed at issue was invalid and the judgment void as a matter of law, so Lindsey is entitled to be allowed to tender his redemption payment. Remands for an order that the Carroll County auditor accept redemption funds from Lindsey.

United Farm Family Mutual Insurance Co. v. Indiana Insurance Co. and Royal Crown Bottling Corp. (NFP)
49A02-1211-PL-914
Civil plenary. Affirms summary judgment in favor of Indiana Insurance Co. and Royal Crown Bottling Corp. on whose auto insurance should cover damage from an accident a spouse was involved in with a company car.

Michael Toney v. State of Indiana (NFP)
79A04-1209-CR-471
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class B felony possession of a firearm by a serious violent felon, but reverses sentence because the trial court abused its discretion in ordering the habitual offender enhancement be served consecutive to the two counts. Remands for resentencing.

Aaron Wiegand v. State of Indiana (NFP)
02A04-1210-CR-502
Criminal. Affirms denial of petition to withdraw guilty pleas for unlawful possession of a firearm by a serious violent felon as a Class B felony and criminal recklessness as a Class C felony.

Kristi Gates v. State of Indiana (NFP)
87A01-1210-CR-484
Criminal. Affirms denial of motion to suppress evidence obtained upon the execution of two search warrants.

Brian T. Martin v. State of Indiana (NFP)
71A03-1210-CR-446
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated, which was the underlying conviction for Martin’s Class D felony OWI conviction.

In Re: The Marriage of Kenneth G. Haynie, Jr. v. Teresa H. Haynie (NFP)
82A01-1206-DR-265
Domestic relation. Affirms court’s decision to set aside to wife assets that she had inherited. Reverses in part dissolution decree because it and an order on motion to correct error do not correspond with a substantially equal division of the remaining assets. The husband is entitled to an order for the transfer of assets actually allocated to him by the dissolution court in its division of marital assets.

James King v. State of Indiana (NFP)
49A02-1210-CR-858
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Michael and Brenda Gralia v. Butler Garden Center (NFP)
67A01-1301-CT-26
Civil tort. Reverses trial court order granting Butler’s motion to dismiss a breach of contract claim and remands for further proceedings.

Russell Grady v. State of Indiana (NFP)

49A02-1210-CR-854
Criminal. Affirms conviction of Class A misdemeanor battery.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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