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Opinions May 7, 2014

May 7, 2014
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Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
49S00-1311-PL-716
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.

In the Matter of: Christopher E. Haigh 
98S00-0608-DI-317
Discipline. Haigh engaged in conduct in contempt of the Supreme Court by violating the suspension order. He is disbarred effective immediately and must pay $1,000. Any further contempt will likely result in imprisonment.

Indiana Court of Appeals
Shane Beal and The Bar Plan Mutual Insurance Company v. Edwin Blinn, Jr.
27A03-1306-PL-235
Civil plenary. Affirms denial of Beal’s motion for summary judgment, which concluded that a genuine issue of material fact exists as to whether Beal’s representation of Blinn Jr. in a federal criminal case constituted legal malpractice.

John Jacob Venters v. State of Indiana
79A02-1305-CR-481
Criminal. Reverses sentence for operating a vehicle while intoxicated, as a Class D felony, enhanced by the habitual substance offender statute. Remands with instructions to order Venters’ enhanced sentence to run concurrently with his previously enhanced sentences. The trial court erred in ordering the sentence at issue to be served consecutively to his previously entered sentences.

Rahsaan A. Johnson v. State of Indiana
18A02-1304-CR-343
Criminal. Affirms conviction of 14 counts of possession of animals for fighting contests, all as Class D felonies. There is sufficient evidence to support the convictions and they do not violate the double jeopardy clause of the Indiana Constitution.

Johnathon R. Aslinger v. State of Indiana (NFP)
35A02-1303-CR-296
Criminal. Grants rehearing for the limited purpose of ordering a retrial on Aslinger’s conviction for possession of paraphernalia. Affirms original opinion in all respects.

Ricky Allen Cox v. State of Indiana (NFP)
48A02-1308-CR-717
Criminal. Affirms sentence for Class D felony theft and remands for a determination of the credit time to which Cox is entitled.  

J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)
18A02-1309-CT-809
Civil tort. Affirms orders dismissing J&W’s motion for proceeding supplement and its motion to correct error.

Robert F. Petty v. State of Indiana (NFP)
72A05-1305-CR-237
Criminal. Affirms convictions of voluntary manslaughter, Class D felony removal of body from scene and Class D felony obstruction of justice.

Claude F. Hudson v. State of Indiana (NFP)
84A01-1305-CR-197
Criminal. Reverses denial of credit time and remands with instructions to award Hudson credit time from Oct. 15, 2012, to Dec. 27, 2012, when he was confined at a hospital.

Larry Fulbright v. State of Indiana (NFP)
49A02-1309-CR-789
Criminal. Reverses denial of petition to file a belated notice of appeal.

Indiana Tax Court
MedCo Health Solutions, Inc. v. Indiana Department of State Revenue
49T10-1105-TA-35
Tax. Grants the department’s Trial Rule 12(B)(6) motion to dismiss. Medco is not entitled to relief on two claims: that the court should order the department to pay a refund and that advisory letters should be binding in this matter.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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