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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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