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Opinions Nov. 8, 2012

November 8, 2012
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Indiana Court of Appeals
Jerome Michael Burton v. State of Indiana
45A03-1201-CR-6
Criminal. Reverses denial of motion to dismiss the charge of failure to register as a sex offender. Remands with instructions. Wallace applies and the ex post facto provision of the Indiana Constitution prevents the application of Indiana’s Sex Offender Registry Act to require Burton, a resident of Indiana, to register as a sex offender for an offense committed in Illinois in 1987.

Jeff Clade v. Hunt Construction Group, Inc. (NFP)
49A02-1206-CT-509
Civil tort. Reverses summary judgment in favor of Hunt Construction Group on Clade’s negligence claim and remands with instructions.

T.B. v. Review Board of the Indiana Dept. of Workforce Development and A.R. (NFP)
93A02-1112-EX-1143
Agency appeal. Affirms denial of request to reinstate appeal.
 
Clay R. Firestone v. State of Indiana (NFP)
32A01-1201-PC-32
Post conviction. Grants petition for rehearing and reaffirms denial of petition for post-conviction relief.

Troy Phillips v. State of Indiana (NFP)
49A04-1203-PC-152
Post conviction. Affirms denial of petition for post-conviction relief.

F.M., Mother v. N.B., Father (NFP)
71A05-1206-JP-291
Juvenile. Reverses denial of motion to continue. Remands for a new hearing.

Brian E. Graves v. State of Indiana (NFP)
16A01-1205-CR-227
Criminal. Affirms conviction of Class B felony escape.

Jason Bond, David Lear and Leslie Bridges, et al. v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC and The City of Indianapolis, Dept. of Waterworks (NFP)
49A02-1202-CC-147
Civil collection. Affirms dismissal of case for unjust enrichment, breach of contract and violation of the Deceptive Consumer Sales Act for lack of subject matter jurisdiction.

Zachary A. Sebastian v. State of Indiana (NFP)
52A02-1205-CR-372
Criminal. Affirms sentence following guilty plea to Class C felonies reckless homicide and carrying a handgun without a license.

The City of Shelbyville, Indiana and Shelbyville Board of Works and Safety v. Frank P. and Shirlene Sundvall (NFP)
73A01-1203-PL-98
Civil plenary. Reverses denial of the city’s motion for summary judgment in an action initiated by the Sundvalls. Remands for further proceedings.

No Indiana opinions were released by the 7th Circuit Court of Appeals prior to IL deadline. The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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