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Opinions May 5, 2011

May 5, 2011
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7th Circuit Court of Appeals
United States of America v. John L. Norris
10-1612
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of motion to suppress evidence. The police officers were acting pursuant to a valid warrant and in a reasonable manner.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Patrick M. McGrath v. Linda S. McGrath
46A03-1008-DR-429
Domestic relation. Reverses valuation of certain real estate property in the decree of dissolution. The trial court abused its discretion in failing to consider the substantial change in value of the property as expressed in the 2009 appraisal report to calculate the total marital assets and distribution of the property. Remand with instructions. Judge Friedlander concurs in result.

Lenn Ivy v. State of Indiana
49A04-1010-CR-662
Criminal. Affirms denial of motion to modify sentence. Ivy may not seek a modification of his sentence under the terms of his plea agreement.

Michael Dewayne Lloyd v. State of Indiana (NFP)
48A02-1011-CR-1390
Criminal. Affirms imposition of previously suspended sentence as a result of work release violations.

Marc A. Bernero v. State of Indiana, et al. (NFP)
49A02-1009-PL-1082
Civil plenary. Affirms summary judgment for the Indiana Secretary of State’s Office and the Indiana Bureau of Motor Vehicles on Bernero’s complaint for declaratory judgment seeking enforcement of the State Employee Appeals Commission’s order rescinding his termination.

Willie Dumes v. State of Indiana (NFP)
49A02-1008-CR-910
Criminal. Affirms conviction of Class C felony operating a motor vehicle after license was forfeited for life and revocation of probation.

L.H. v. D.H. (NFP)
15A04-1009-DR-552
Domestic relation. Affirms trial court did not abuse its discretion when it imputed minimum wage income to both mother and father. Reverses trial court’s retroactively modifying father’s child support obligation to a date prior to the filing of his petition to modify child support. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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