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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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