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Opinions Nov. 15, 2011

November 15, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Jesse Puckett v. State of Indiana
90A02-1104-CR-369
Criminal. Reverses sentencing decision that required Puckett to serve his entire previously suspended four-year sentence after Puckett admitted to violating his probation for Class C felony child molesting. The trial judge’s statement of reasons for the sentence is problematic. Holds it is improper when revoking probation for a trial court to find that the defendant actually committed a more serious crime than the one or ones of which he or she was originally convicted. Remands for another hearing regarding the revocation of probation.

Clayter Hale v. SS Liquors, Inc., and Safe Step, Inc.
73A01-1104-CT-179
Civil tort. Affirms summary judgment for SS Liquors and Safe Step Inc. on Hale’s personal injury negligence action. Declines to say that slipping and falling in a bathtub while taking a shower is something that does not happen “in the ordinary course of things.” There is no evidence that the bathtub at the time of Hale’s fall was unreasonably safe.

David R. Camm v. State of Indiana
87A01-1102-CR-25
Criminal. Reverses denial of Camm’s petition for appointment of a special prosecutor. Floyd County Prosecutor Keith Henderson’s cancelled literary contract created an irreversible, actual conflict of interest with his duty to the people of the state of Indiana. Remands for appointment of a special prosecutor and for proceedings consistent with the opinion.

In the Matter of the Guardianship of J.K., J.G. v. A.K. (NFP)
66A03-1005-JP-345
Juvenile. Affirms order denying father J.G.’s motion to terminate grandmother A.K.’s temporary guardianship of his daughter J.K. and the order granting A.K.’s petition for permanent guardianship over the daughter.

Roland Devoe v. State of Indiana (NFP)
49A02-1104-CR-312
Criminal. Affirms decision to join two causes against Devoe.

Gregory Brooks, Jr. v. State of Indiana (NFP)
45A04-1012-CR-766
Criminal. Affirms sentence following guilty plea to two counts of murder in perpetration of a robbery.

David J. Wierenga v. State of Indiana (NFP)
79A02-1101-CR-159
Criminal. Affirms sentence following guilty plea to Class C felony auto theft and habitual offender status.

Joshua D. Sutton v. State of Indiana (NFP)
29A05-1104-CR-223
Criminal. Affirms convictions of three counts of contributing to the delinquency of a minor as Class A misdemeanors.

Jason Ross v. State of Indiana (NFP)
12A05-1102-CR-82
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class A misdemeanor possession of drug paraphernalia.

North Lake Nursing and Rehabilitation Center, LLC d/b/a North Lake Rehabilitation Center v. The Estate of Cocteus Mason by Special Administrator, Tyniesha Spears (NFP)
45A03-1105-CT-229
Civil tort. Affirms denial of North Lake’s motion for preliminary determination of a proposed complaint filed with the Indiana Department of Insurance.

Wilson Makori v. State of Indiana (NFP)
71A03-1103-CR-103
Criminal. Affirms convictions Class A misdemeanor operating while intoxicated, which was enhanced to a Class D felony based on a previous OWI conviction, resisting law enforcement and criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to one case for the week ending Nov. 11.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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