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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 like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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