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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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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