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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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