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Opinions Nov. 21, 2011

November 21, 2011
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7th Circuit Court of Appeals had issued no opinions as of IL deadline.

Indiana Supreme Court had issued no opinions as of IL deadline.

Indiana Court of Appeals

Jim Norris v. Personal Finance
27A04-1104-SC-183
Small claim. Reverses trial court’s decision denying Norris relief, holding that the trial court erred in concluding that under Trial Rule 4.16, Norris’ parents – when served a notice of claim against Norris – had a duty to inform the court that Norris did not live with them.

Adron Herschel Tancil v. State of Indiana
45A03-1101-CR-10
Criminal. Affirms trial court’s denial of motion for a new trial, holding that the trial court did not abuse its discretion. Cites a previous Indiana Supreme Court decision stating that intent to kill can be inferred from the nature of the attack, including the duration, brutality and relative strengths of the defendant and victim.

Janice L. Davis v. Shelter Insurance Companies, State Farm Insurance Companies, and Jennifer L. Culver
02A05-1105-CT-256
Civil tort. Affirms trial court’s decision to grant summary judgment in favor of Culver and State Farm Insurance Companies, holding no genuine issue of material fact exists and that Davis failed to prove that her claim of equitable estoppel applies.

Myron L. Johnson v. State of Indiana
71A04-1103-CR-194
Criminal. Affirms revocation of probation, holding that any failure by Michigan and Indiana to strictly comply with the Interstate Compact with respect to a probable cause hearing for Johnson before his transfer back to Indiana did not deprive the trial court of jurisdiction to revoke his probation, either as to subject matter or personal jurisdiction.

George B. Warren v. State of Indiana (NFP)
71A03-1004-CR-286
Criminal. Affirms convictions of and sentence for two counts of Class B felony robbery.

Dewayne L. Campbell v. State of Indiana (NFP)
27A02-1102-CR-143
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing in methamphetamine and associated charges.

Bruce King v. State of Indiana (NFP)
49A04-1105-CR-214
Criminal. Affirms trial court’s revocation of probation and order that King serve previously suspended sentence.

Leland K. Roberts v. Hart & Sons Realty, LLC (NFP)
33A01-1103-PL-116
Civil plenary. Affirms trial court’s judgment quieting title to a tract of land in favor of Hart & Sons Realty.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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