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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. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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