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Opinions Nov. 30, 2011

November 30, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Christopher Jewell v. State of Indiana
32S04-1104-CR-200
Criminal. Affirms denial of Jewell’s motion to suppress recorded phone conversations between him and his former stepdaughter and finds his sentence is appropriate for six counts relating to child molesting, sexual misconduct with a minor, and child seduction. Holds that under the broader protections of Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where the different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.

Indiana Court of Appeals
James E. Rogers v. State of Indiana
84A01-1104-CR-148
Criminal. Affirms conviction of and sentence for Class D felony failure to register as a sex or violent offender and sentences for Class D felony theft and receiving stolen property. Rogers waived his ex post facto claim when he entered into the plea agreement. Rogers received a significant benefit from the plea agreement, and the trial court did not abuse its discretion in failing to consider the agreement as a mitigating factor.

Matthew A. Knight v. State of Indiana (NFP)
87A01-1103-CR-167
Criminal. Affirms convictions of Class D felony operating a vehicle as a habitual traffic violator and Class C infraction no license plate light.

Ronnie Sanchez v. State of Indiana (NFP)
10A01-1101-CR-26
Criminal. Affirms denial of motion to suppress.

Jonathan Yocum v. X.Y., By Next Friend, M.Y. (NFP)
49A02-1103-PO-351
Protection order. Reverses protective order against father filed by mother on behalf of their son.

Adolph Brateman, Adrienne Brateman, and Michael Brateman v. Hanning & Bean Enterprises, Inc. (NFP)
02A03-1103-PL-162
Civil plenary. Affirms entry of declaratory judgment and a preliminary injunction in favor of lessee Hanning & Bean Enterprises.

John Barrientes v. State of Indiana (NFP)
82A04-1106-CR-302
Criminal. Affirms sentence following guilty plea to seven charges related to a drunk driving motor vehicle accident that caused the death of one person and seriously injured another.

John A. Ashby v. State of Indiana (NFP)
87A04-1103-CR-113
Criminal. Affirms denial of motion to suppress evidence.

Ladell Alexander v. State of Indiana (NFP)
71A04-1101-CR-155
Criminal. Dismisses appeal of denial of motion for reduction of sentence.

Cortino Allen v. State of Indiana (NFP)
49A04-1103-CR-88
Criminal. Affirms order that Allen undergo a mental health evaluation and comply with any recommended treatment as a part of his probation.

Frank Poole, Jr. v. State of Indiana (NFP)
45A03-1101-CR-12
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Andrew Wagoner v. State of Indiana (NFP)
49A05-1105-CR-254
Criminal. Affirms conviction of Class B misdemeanor battery.

L.G. v. State of Indiana (NFP)
49A02-1102-JV-181
Juvenile. Affirms adjudication as a delinquent for committing what would be burglary if committed by an adult.

Brian Eby v. Jennifer Eby (NFP)
29A02-1104-DR-318
Domestic relation. Reverses in part second amended decree of dissolution following remand from a previous appeal because the court abused its discretion in crediting Jennifer Eby for the entire amount of expenses paid during the pendency of the dissolution proceedings. Remands with instructions.

Larry W. Pflug, Rebecca K. Pflug, Michael G. Pflug, Kristi A. Pflug, Gene A. Pflug, and Gloria J. Pflug v. State of Indiana (NFP)
26A04-1104-PL-217
Civil plenary. Affirms grant of the state’s motion to strike the exceptions to the assessed value of the property as untimely.

Timothy Tingle v. State of Indiana (NFP)
49A02-1104-CR-308
Criminal. Affirms sentence following guilty plea to three counts of Class A felony dealing in cocaine, and one count each of Class D felony resisting law enforcement and Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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