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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. 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."

  2. 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.

  3. 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.

  4. 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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