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Opinions Nov. 13, 2013

November 13, 2013
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Indiana Supreme Court
The following opinions were posted after IL deadline Tuesday
.
Jamar Washington v. State of Indiana
49S02-1212-CR-669
Criminal. Affirms trial court jury instruction regarding defense of another as the correct statement of law, holding that Washington’s tendered instruction that the court declined to use was not required. Remands for correction of the sentencing abstract to reflect that Washington was convicted of resisting law enforcement as a Class A misdemeanor rather than as a Class D felony.  

Billy Russell v. State of Indiana
49S04-1311-CR-741
Criminal. Affirms convictions for murder and Class B felony possession of a firearm by a serious violent felon. Finds the trial court did not err in refusing to give Russell’s tendered jury instruction assessing his claim of self-defense. Concludes that partially bifurcating the trial did not prejudice Russell.

Today's opinions
Indiana Supreme Court

Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and the Common Council of the City of Logansport
09S00-1307-PL-476
Civil plenary. Affirms trial court dismissal of a suit challenging the city’s planned public-private partnership to convert a coal-fired power plant to generate electricity by burning refuse. Justices held that the Indiana Public-Private Agreements statute does not require a local legislative body to adopt an enabling statute before it may issue requests for proposals or begin contract negotiations.


Indiana Court of Appeals
Robert Kuntz, Kunodu, Inc., and B-K Interests, LLC v. EVI, LLC
02A03-1301-PL-14
Civil plenary. Affirms order granting preliminary injunction based on trial court’s finding that Kuntz had violated the terms of his noncompete agreement. Reverses and remands the trial court extending the duration of the noncompete and awarding attorney fees to EVI. The COA points out a preliminary injunction is not a final judgment and is meant only to preserve the status quo as it existed prior to the dispute.

David Williams v. State of Indiana
67A01-1302-CR-87
Criminal. Affirms conviction and aggregate 99-year sentence for eight counts of Class A felony child molestation and once count of Class B felony incest. Finds Williams’ confession to police was voluntary and not coerced. Ruled the convictions for incest and child molesting do not constitute double jeopardy. Holds even though the trial court may have abused its discretion in considering Williams’ IRAS score as an aggravating factor, the 99-year sentence is not inappropriate.

Charles Cole v. State of Indiana
49A02-1308-CR-680
Criminal. Reverses an increase of bond from $2,500 surety to $10,000 surety on a Class D felony charge of possession of methamphetamine, holding that the increase was an abuse of discretion. No new evidence supported the increase that was twice as high as the maximum under local court rules, and the requirements for increasing bail under Ind. Code 35-33-8-5 were not satisfied.

State of Indiana v. Molly Gray
62A01-1303-CR-108
Criminal. Affirms on interlocutory appeal the trial court’s suppression of drug evidence collected after a drug-sniffing police dog indicated the presence of narcotics in a van pulled over in a traffic stop. The free-air sniff conducted by the canine was not incidental to the traffic stop and the officer lacked reasonable suspicion to justify increasing the duration of the stop.

Timothy W. Mackall, and Stephanie K. Mackall v. Cathedral Trustees, Inc., d/b/a Cathedral High School (NFP)
49A02-1304-CC-290
Civil collections. Affirms trial court award of $47,510 in attorney fees in favor of Cathedral.

In the Matter of E.B. (Minor Child), Child in Need of Services and R.K. (Mother) v. The Indiana Department of Child Services (NFP)
84A01-1303-JC-95
Juvenile. Affirms adjudication of E.B. as a child in need of services.

Billy Bulu Gercilus v. State of Indiana (NFP)
18A02-1303-CR-246
Criminal. Affirms conviction of two counts of Class D felony battery resulting in bodily injury and one count of Class A misdemeanor interfering with the reporting of a crime.

Tammy Price v. Review Board of the Indiana Department of Workforce Development and WC Fern Exposition Services(NFP)
93A02-1304-EX-369
Agency action. Affirms denial of unemployment benefits.
 
Zigfried Davis v. State of Indiana (NFP)
71A05-1303-CR-124
Criminal. Affirms conviction of Class D felony possession of cocaine.

Shaun A. Fry v. State of Indiana (NFP)
50A03-1305-CR-170
Criminal. Affirms in part and reverses in part convictions after a bench trial of Class D felony operating a vehicle while intoxicated endangering a person, Class A misdemeanor resisting law enforcement and Class C misdemeanor operating a vehicle without receiving a license. Vacates the felony conviction and remands for new trial because there is no evidence in the record that Fry knowingly, voluntarily and intelligently waived his right to a jury trial.  
 
Brenda Painter v. State of Indiana (NFP)
48A02-1304-CR-346
Criminal. Affirms 22-year aggregate sentence for conviction of two counts of Class B felony dealing in methamphetamine.


Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline .
 

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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