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Opinions May 6, 2011

May 6, 2011
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The following opinion was posted after IL deadline Thursday:
Indiana Supreme Court
Joshua Konopasek v. State of Indiana
25S03-1012-CR-669
Criminal. Reaffirms the Fletcher limitation on the judicial-temperance presumption. Summarily affirms the Indiana Court of Appeals decision finding sufficient evidence to support Konopasek’s conviction and to disprove his self-defense claim. Concludes the trial court properly admitted the evidence in question and affirms his conviction of and sentence for Class C felony battery causing serious bodily injury.  

Today’s opinions
7th Circuit Court of Appeals
United States of America v. Jermel C. Thomas
10-3566
U.S. District Court, Northern District of Indiana, South Bend Division,
Judge Robert L. Miller, Jr.
Criminal. Dismisses appeal, stating the District Court did not err in enforcing a plea agreement wherein Jermel Thomas had waived his right to appeal his sentence and conviction.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John Witt, Hydrotech Corp. and Mark Shere v. Jay Petroleum, Inc. and Jack R. James
38A02-0912-CV-1290
Civil. Reverses trial court’s award of attorney fees to Jay Petroleum and Jack James, ruling the trial court erred when it determined the appellants were in contempt of court.  

Gayle D. Edelen v. State of Indiana
26A01-1007-CR-362
Criminal. Affirms convictions of Class D felonies of perjury and official misconduct against Gayle D. Edelen, a caseworker for the Indiana Department of Child Services. States that the transcript of the closed juvenile procedure hearing in which Edelen perjured herself was admissible in Edelen’s perjury trial.

R.L. Turner Corporation v. Town of Brownsburg
32A01-1008-PL-373
Civil plenary. Affirms trial court’s order awarding attorney fees to the Town of Brownsburg, ruling that R.L. Turner Corporation’s lawsuit was frivolous, unreasonable, and groundless.

Dwayne Eversley v. State of Indiana (NFP)
49A04-1008-CR-497
Criminal. Affirms convictions of invasion of privacy, as both a Class D felony and a Class A misdemeanor, and resisting law enforcement, as both a Class D felony and a Class A misdemeanor.

A.M. v. Review Board (NFP)
93A02-1008-EX-887
Civil. Affirms Indiana Department of Workforce Development Review Board’s denial of unemployment compensation benefits.

Steven Gray v. State of Indiana (NFP)
15A05-1010-CR-690
Criminal. Affirms 50-year sentence for Class A felony child molesting. Reverses convictions of Class B felonies rape and incest on double jeopardy grounds, and remands with instructions to vacate.

Tiffany L. Otten v. State of Indiana (NFP)
02A03-1009-CR-538
Criminal. Affirms conviction of Class B felony neglect of a dependant.

Willie J. Herman v. State of Indiana (NFP)
02A03-1010-CR-560
Criminal. Affirms conviction of Class D felony battery.

Jerry Kohlhouse v. Black's Excavation (NFP)
42A01-1010-SC-594
Small claim. Affirms trial court’s judgment for Black’s Excavation and its dismissal of Jerry Kohlhouse’s counter-claim.

A.F. & R.B. v. I.D.C.S. (NFP)
20A03-1010-JC-521
Juvenile CHINS. Affirms trial court’s adjudication of children as children in need of services.

Ronald Cox v. State of Indiana (NFP)
49A05-1009-CR-536
Criminal. Affirms convictions of two counts of Class C felony child molesting and one count Class D felony child solicitation.

Jermarcus L. Grandberry v. State of Indiana (NFP)
02A05-1010-CR-643
Criminal. Affirms conviction of and sentence for Class B felony burglary.

Jamie L. Vida v. State of Indiana (NFP)
20A03-1012-PL-664
Civil plenary. Reverses denial of verified petition for removal from the Indiana Sex Offender Registry. Remands with instructions to grant petition.

Tyler Sturdivant v. State of Indiana (NFP)
49A02-1008-CR-934
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor battery.

Marlon D. Taylor v. State of Indiana (NFP)
49A05-1010-CR-597
Criminal. Affirms trial court’s finding that Taylor violated his community corrections placement and probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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