ILNews

Opinions Nov. 8, 2010

November 8, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.

Kimberly Thomas v. State of Indiana
49A02-1002-CR-105
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy. Under the circumstances set forth in the record, the institution of direct contempt proceedings was the more appropriate action in response to Thomas’ statement to James Smith in the courtroom. Remands with instructions to vacate her conviction and at the trial court’s option, to resume direct contempt proceedings. Judge Bradford dissents.

Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.

A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.

Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.

Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.

Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.

Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.

Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.

Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.

Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.

Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.

 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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