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Opinions May 31, 2013

May 31, 2013
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Indiana Supreme Court
Brian Scott Hartman v. State of Indiana 
68S01-1305-CR-395
Criminal. Reversed and remanded a trial court’s denial of a motion to suppress Hartman’s confession. Found Hartman’s previous invocation of his Miranda rights was still in place when detectives questioned him days later because his earlier request for counsel was unproductive which likely increased the coercive pressure.  

Court of Appeals
Linda Huffman, Individually and as Personal Rep. of the Estate of Jerry Huffman, Deceased v. Dexter Axle Company & Evans Equipment Co.
85A02-1207-CT-586
Civil tort/wrongful death/estate. Reverses and remands trial court grant of summary judgment in favor of Dexter Axle, holding that Jerry Huffman, a contracted truck driver who died after unsecured axles he was to deliver fell off a flatbed truck, was owed a duty of care by Dexter, which was closed for business at the time the accident happened.  

Christie Wilson v. State of Indiana
88A01-1301-CR-2
Criminal. Affirms court order finding Wilson in contempt, holding that the court did not abuse its discretion by so ruling after she pleaded the Fifth when asked about a defendant under a grant of immunity.

Kevin Speer v. State of Indiana
79A02-1209-CR-748
Criminal. Affirms in part, reverses in part and remands. The court found no Fourth Amendment violations in a vehicle search and a search warrant that produced evidence leading to multiple drug convictions, but remanded to the court to vacate one of six convictions – Class D felony possession of two or more precursors used to manufacture methamphetamine – because evidence presented to obtain those convictions subjected Speer to double jeopardy.

Gary W. Moody v. Beverly Martin, Director of the Johnson Co. Public Library Dist.; The Board of Trustees of the Johnson Co. Public Library Dist.; Brian J. Deppe, et al. (NFP)

41A01-1208-PL-388
Civil plenary. Affirms trial court denial of Moody’s motion to correct errors and partial dismissal of lawsuit and remands to the trial court for a determination of the library’s reasonable expenses.

David Mark Frentz v. State of Indiana (NFP)  
59A01-1207-PC-334
Criminal. Affirms denial of post-conviction relief.

LaWanda White v. State of Indiana (NFP) 
49A02-1209-CR-713
Criminal. Reverses and remands to the trial court a restitution order that White pay $875.82 for expenses incurred in treating an arresting officer after her arrest for Class A misdemeanor operating a vehicle while intoxicated. The court failed to adequately inquire into her ability to pay restitution, the court held.

Penni Williams v. John Mark Williams (NFP)
87A01-1210-DR-493
Domestic relation. Affirms the post-dissolution court’s order denying Penni Williams’ cross-petition requesting the court to order the payment of college expenses.

Daniel Rodgers-Conwell, Jr. v. State of Indiana (NFP)
02A04-1210-CR-546
Criminal. Affirms revocation of probation for Rodgers-Conwell’s failure to maintain good behavior.

Rhonda Johnson v. State of Indiana (NFP)

49A02-1210-CR-816
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

McLynnerd Bond, Jr. v. State of Indiana (NFP)
45A03-1205-CR-212
Criminal. Affirms on interlocutory appeal the trial court’s denial of his motion to suppress a murder confession.

Charles R. Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A04-1209-PL-452
Civil plenary. Affirms trial court denial of motions to set aside judgment and rescind an agreed entry.

Jimmy Dale Edwards v. State of Indiana (NFP)
53A05-1209-PC-445
Criminal. Affirms denial of post-conviction relief.

Joshua Shay Morris v. State of Indiana (NFP)
73A01-1211-CR-528
Criminal. Affirms revocation of probation.

In the Matter of the Term. of the Parent-Child Rel. of: C.T. & N.T.; and J.T. and B.T. v. The Indiana Dept. of Child Services (NFP)
67A04-1210-JT-543
Juvenile termination. Affirms termination of parental rights to C.T., B.T. and N.T.

Donte Carter v. State of Indiana (NFP)
49A02-1209-CR-766
Criminal. Affirms aggregate 72-year sentence for murder and Class C felony attempted robbery.

Brandon M. Ebeyer v. State of Indiana (NFP)
53A01-1209-CR-400
Criminal. Affirms convictions of Class C felony attempted burglary and Class A misdemeanor resisting law enforcement.
 
Thomas M. Slaats v. Sally E. Slaats (NFP)
87A01-1210-DR-474
Domestic relation. Affirms orders regarding father Thomas Slaats’ obligation to reimburse mother Sally Slaats for agreed extracurricular fees.

Dominick Irby v. State of Indiana (NFP)

49A02-1208-CR-660
Criminal. Affirms conviction of Class D felony criminal recklessness.

Jason Davison v. State of Indiana (NFP)
05A02-1211-CR-968
Criminal. Affirms conviction of Class C felony child molesting.

Alvino Pizano v. Gregory F. Zoeller, et al. (NFP)
33A01-1302-MI-65
Miscellaneous. Reverse and remands the state’s motion for summary disposition of Pizano’s petition for habeus corpus relief, holding a genuine issue of material fact exists as to whether Pizano met his burden to show he earned a bachelor’s degree during his incarceration.

The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  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.

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