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Opinions Nov. 28, 2011

November 28, 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
Jennings Daugherty v. State of Indiana
89A05-1103-CR-131
Criminal. Affirms convictions of Class B felony possession of cocaine and Class D felony maintaining a common nuisance. Daugherty’s arguments on appeal are insufficient to demonstrate reversible error. Affirms the admission of the state’s evidence.

Manuel Trujillo v. State of Indiana
71A03-1102-PC-73
Post conviction. Affirms denial of petitions for post-conviction relief, in which Trujillo challenged two separate convictions under separate cause numbers for conspiracy to deal marijuana. Trujillo can’t establish that he was prejudiced by his counsel’s failure to advise him that the 1999 and 2008 prosecutions may impact his immigration status. The trial courts in the two cases also did not violate Indiana Code 35-35-1-2 in accepting Trujillo’s guilty pleas.

Eric Stickdorn and Lisa Stickdorn v. Elam B. Zook, Sarah F. Zook, Samuel L. Lantz and Mattie Z. Lantz
89A01-1012-CT-670
Civil tort. Affirms determination that the Stickdorns’ personal injury claims against the Lantzes and the negligence claims are barred by the two-year statute of limitations. By 2005, the Stickdorns’ complaint for personal injury had accrued and were ascertainable, but the complaint was not filed until November 2009. Reverses grant of summary judgment for the Lantzes with regards to the nuisance and trespass claims and remands for further proceedings. The designated evidence establishes that the Lantzes refused to stop or change their waste storage, disposal and management practices that harmed the Stickdorns through April 2005. The statute of limitations did not preclude the Stickdorns from complaining about the continued instances of nuisance and trespass.

Marsean Shines v. State of Indiana (NFP)
02A05-1105-CR-237
Criminal. Affirms sentence for Class D felony domestic battery, Class D felony criminal confinement, Class B misdemeanor false informing, and Shines’ habitual offender enhancement.

James C. Lewis v. State of Indiana (NFP)
48A02-1103-CR-178
Criminal. Affirms revocation of probation and imposition of the previously suspended portion of Lewis’ sentence.

Richard Edward Hughes v. State of Indiana (NFP)
10A01-1103-CR-165
Criminal. Reverses in part Hughes' convictions of Class C felony battery with a deadly weapon and Class D felony criminal recklessness and orders the trial court to vacate the conviction of and sentence for criminal recklessness.

Aaron Spears v. State of Indiana (NFP)
29A05-1104-CR-204
Criminal. Affirms conviction of Class A felony neglect of a dependent resulting in death.

David Rippe v. Edward C. Levy Company (NFP)
45A03-1102-CT-30
Civil tort.  Affirms jury verdict in favor of Edward C. Levy Co. that found Levy not liable for the injuries Rippe sustained while an employee of an independent contractor at a Levy site.

Angela Townsell v. State of Indiana (NFP)
49A02-1104-CR-343
Criminal. Affirms convictions of Class A misdemeanors intimidation and battery.

In the Matter of the Term. of the Parent-Child Rel. of Z.S.; C.S. and L.S. v. Indiana Department of Child Services (NFP)
67A01-1104-JT-193
Juvenile. Affirms termination of father’s parental rights.

Term. of the Parent-Child Rel. of G.B. and J.N.; E.B. (mother) and A.N. (father) v. The Indiana Dept. of Child Services (NFP)
79A02-1104-JT-315
Juvenile. Affirms termination of parental rights.

Donald L. Pruitt v. State of Indiana (NFP)
55A01-1105-CR-218
Criminal. Affirms conviction of Class C felony operating a motor vehicle after forfeiture of license for life.

Daniel Walton v. State of Indiana (NFP)
57A03-1105-CR-198
Criminal. Affirms two convictions of Class A felony dealing in methamphetamine.

Brian K. Brantley v. State of Indiana (NFP)
18A02-1102-CR-158
Criminal. Affirms convictions of two counts of Class B felony criminal deviate conduct, Class C felony battery, two counts of Class D felony intimidation, and battery as a Class A misdemeanor and Class B misdemeanor.

Jasper Frazier v. State of Indiana (NFP)
49A02-1101-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony attempted robbery, Class B felony conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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