ILNews

Opinions Nov. 29, 2011

November 29, 2011
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
David Hopper v. State of Indiana
13S01-1007-PC-399
Post conviction. Grants rehearing to address the role and necessity of advising someone of the risks of dealing with prosecutors without a lawyer. The post-conviction court was right that Hopper’s waiver of counsel was voluntary and intelligent. Finds Hopper’s contention that advisement language should be mandatory in all stages of all cases with all defendants is misplaced. Justice Rucker dissents with separate opinion, in which Justice Sullivan concurs.

Indiana Court of Appeals
Justin Woodhouse v. State of Indiana (NFP)
12A02-1012-CR-1322
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of a chemical reagent or precursor with intent to manufacture a controlled substance, Class D felony maintaining a common nuisance, Class A misdemeanor resisting law enforcement, Class B misdemeanor disorderly conduct, and four counts of Class C misdemeanor purchasing more than three grams of a precursor. Remands to clarify its earlier order to properly indicate the merger of counts I and II.

McCoy Tile v. Meyer Glass & Mirror, and Robert Fryer (NFP)
46A03-1102-SC-102
Small claims. Affirms judgment in favor of Fryer with respect to his claim that McCoy Tile improperly installed tile in Fryer’s shower.

Rodney Johnson v. State of Indiana (NFP)
71A03-1103-PC-97
Post conviction. Affirms denial of petition for post-conviction relief.

Matthew Totten v. Review Board of the Indiana Workforce Development and Great Lakes Granite (NFP)
93A02-1102-EX-209
Agency appeal. Affirms denial of employment benefits.

Nationwide Ins. Co., and Edward and Anne Mickel v. Paul Parmer, II, Rick Ramsey and Heather Sida
41A01-1008-CT-377
Civil tort. Affirms orders granting Parmer’s and Sida’s motions for leave to amend their affirmative defenses and the order denying the Mickels’ and Nationwide Insurance Co.’s motion to reconsider. The Mickels and Nationwide did not timely request certification of the Jan. 4 order and therefore waived their claims regarding the order on appeal. Sida properly objected to the trial court’s dismissal and preserved her right to add nonparty defendants.

Max Riley v. State of Indiana (NFP)
49A05-1105-CR-233
Criminal. Affirms conviction of Class D felony attempted theft.

Natalie A. Miller, Individually and as Administratrix of the Estate of Alexis J. Ritch, Daniel J. Ritch, et al. v. L. Barrett Bernard, M.D., the Bethany Circle of King's Daughters Hospital & Health, et al.
39A05-1009-PL-546
Civil plenary. Reverses in part summary judgment for defendants Morton Grove Pharmaceuticals and CVS Pharmacy. The trial court erred in excluding the testimony of Dr. Loeb; defendants were entitled to the statutory rebuttable presumption of no defect in the manufacture of Promethazine Syrup Plain, but whether the plaintiffs have rebutted this presumption remains a question of fact; and whether MGP’s production and CVS’s distribution of PSP caused Alexis Ritch’s death is also a question of fact. Concludes that the trial court did not err in denying the defendants’ motion to exclude other expert testimonies in favor of the plaintiffs. Affirms in part the allowance of the opinions of doctors Kenneth Kulig and George Nichols. Remands for further proceedings.

Darnell Daniels v. State of Indiana
20A03-1104-CR-165
Criminal. Affirms convictions of Class B felony robbery and Class C felony intimidation. The state only needed to present evidence from which the jury could infer that the victim was in fact put in fear. It’s not necessary for the victim to testify that he or she was actually put in fear. The variance in the charging information and the proof at trial is not fatal and there was sufficient evidence that Daniels “used” the gun while intimidating his victim.

Jose Rodriguez v. State of Indiana (NFP)
49A05-1006-CR-410
Criminal. Grants rehearing for the limited purpose of clarifying that the failure to instruct issue is waived. Affirms original opinion in all respects.

State of Indiana v. Jaime Bonilla
49A02-1102-PC-144
Post conviction. Reverses grant of petition for post-conviction relief. Bonilla did not allege special circumstances or objective facts demonstrating his decision to plead guilty was driven by his counsel’s erroneous advice.

Steve Barnett v. State of Indiana (NFP)
87A01-1008-CR-397
Criminal. Affirms revocation of probation.

In Re: The Marriage of Steve Metzger and Peggy Metzger (NFP)
43A03-1101-DR-18
Domestic relation. Affirms order that father pay child support and a portion of expenses incurred for the post-secondary education of two of his children.

Sean Holtsclaw v. State of Indiana (NFP)
71A04-1103-CR-118
Criminal. Affirms conviction of Class B felony burglary.

Martize Sevion v. State of Indiana (NFP)
18A05-1102-CR-125
Criminal. Affirms denial of Sevion’s motion to correct erroneous sentence. Dismisses Sevion’s claims with respect to the merits of his conviction due to his untimely appeal.

Erica Ball v. State of Indiana (NFP)
49A05-1103-CR-132
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Joseph Simmons v. State of Indiana (NFP)
40A01-1104-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.

K.S. v. State of Indiana (NFP)
71A03-1105-JV-252
Juvenile. Affirms disposition order following adjudication as a delinquent for committing what would be theft if committed by an adult.

John V. Loudermilk, Continental American Ins. Co., Geneva P. Loudermilk, et al. v. Jet Credit Union n/k/a Credit Union 1 (NFP)
49A02-1006-PL-665
Civil plenary. Affirms grant of partial summary judgment in favor of Jet Credit regarding co-defendants’ counterclaim for common law conversion.

A.W.S. v. C.S.-R. (NFP)
29A04-1102-DR-142
Domestic relation. Affirms denial of father’s petition to remove restrictions on parenting time.

Kevin Scaife v. State of Indiana (NFP)
49A02-1102-CR-172
Criminal. Affirms conviction of Class D felony theft.

D.L., b/n/f G.L. v. Pioneer School Corporation, Pioneer Board of School Trustees and Larry John
09A02-1103-MI-271
Miscellaneous. Affirms denial of D.L.’s request to overturn his expulsion from Pioneer High School. The trial court’s decision was not contrary to law.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to one case for the week ending Nov. 23.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

ADVERTISEMENT