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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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