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Opinions Oct. 13, 2011

October 13, 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
George Michael True v. State of Indiana
39A04-1102-CR-37
Criminal. Reverses conviction of Class A misdemeanor domestic battery. There was no serious evidentiary dispute about whether the battery was committed in the presence of the children. Instructing the jury that it could convict True of a Class A misdemeanor domestic battery instead of as a Class D felony improperly invited the jury to reach a “compromise” verdict. Remands for proceedings consistent with the opinion.

LeChann Davis v. State of Indiana
49A02-1103-CR-184
Criminal. Affirms conviction of Class C felony child molesting. Any abuse of discretion to allow E.S.’s mother’s testimony that E.S. told her that Davis pinched his bottom during Davis’ bench trial was harmless. There is sufficient evidence to support the conviction.

Holiday Hospitality Franchising Inc. v. AMCO Insurance Company
33A01-1103-CT-104
Civil tort. Reverses summary judgment for AMCO Insurance Co. in a suit for negligent hiring, retention and/or supervision. The alleged negligent acts give rise to an “occurrence” under the circumstances of the case and a genuine question of material fact remains regarding whether R.M.H. was in the hotel’s “care, custody or control.” Remands for further proceedings.

Jeffrey D. Lacher, et al. v. Review Board of the Indiana Dept. of Workforce Development and Bemis Co., Inc.
93A02-1102-EX-163
Agency appeal. Affirms denial of employees’ claims for unemployment benefits. The evidence does not support an inference that the employees were locked out of work; it supports the conclusion that an impasse had been reached on the issue of the temporary employee clause.

William Anderson v. Alicia Jones (NFP)
29A02-1104-DR-311
Domestic relation. Affirms order apportioning educational expenses for the couple’s eldest daughter and uninsured medical expenses for the couple’s youngest child.

Stacy A. Jenkins v. State of Indiana (NFP)
63A01-1102-CR-050
Criminal. Affirms revocation of probation and order Jenkins serve the balance of his sentence in the Department of Correction.

Jamar Alston v. State of Indiana (NFP)
49A02-1103-PC-307
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of William Scott Mitchell v. Crystal Hope Bailey (NFP)
88A01-1102-DR-72
Domestic relation. Affirms distribution of property and remands for clarification.

Associated Estates Realty Corporation v. Angela Mason (NFP)
49A02-1105-CT-426
Civil tort. Reverses denial of Associated Estates Realty Corp.’s motion for relief from a default judgment and remands for further proceedings.

D.L. v. State of Indiana (NFP)
49A02-1101-JV-109
Juvenile. Affirms adjudication as a delinquent juvenile for committing what would be burglary and theft if committed by an adult.

In Re: The Paternity of K.K.A. v. D.J.K. (NFP)
82A01-1103-JP-94
Juvenile. Reverses grant of petition for name change filed by father D.J.K. regarding child K.K.A.

Philip Walker, Sr. v. State of Indiana (NFP)
34A02-1101-CR-112
Criminal. Affirms sentence for Class C felony battery and Class D felony cocaine possession.

Metro Health Professionals Inc. v. Carmel Chrysler Jeep Dodge, Inc., d/b/a Champion Chrysler Jeep Dodge (NFP)
06A01-1105-CT-214
Civil tort. Affirms order awarding Metro Health Professionals $3,500 in attorney fees instead of the $37,737.50 that it requested.

Bruce A. White, Jr. v. State of Indiana (NFP)
20A03-1101-CR-28
Criminal. Affirms conviction of and 65-year sentence for murder.

Cindi M. Hrovat v. Thomas W. Kirchner (NFP)
84A01-1102-DR-31
Domestic relation. Affirms order denying Hrovat’s verified notice of intent to relocate.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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