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Opinions Oct. 18, 2012

October 18, 2012
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7th Circuit Court posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

John A. Dugan v. State of Indiana
49A05-1202-PC-50
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.

Daniel Nanos v. State of Indiana (NFP)
49A05-1205-CR-238
Criminal. Reverses denial of motion for jail time credit and remands so that Nanos is granted an additional six days of credit against all of his sentences.

Professional Veterinary Products, Ltd. v. Pharmakon Long Term Care Pharmacy, Inc. f/k/a LIberty Express Scripts, Inc., Paul Elmer, and Veterinary Inventory Solutions, Inc. (NFP)
49A02-1110-CC-980
Civil collection. Affirms order limiting Elmer’s personal liability for certain purchases by Veterinary Inventory Solutions Inc. to $3,000.

http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/october/10181203cjb.pdf

Gohmann Asphalt & Construction, Inc. v. Five Star Painting, Inc. (NFP)
10A04-1206-CC-324
Civil collection. Reverses order reinstating a complaint filed by Five Star Painting Inc.

Term. of the Parent-Child Rel. of A.B., Minor Child, and Her Father, S.M.B.; S.M.B. v. Indiana Dept. of Child Services (NFP)
53A01-1204-JT-147
Juvenile. Affirms termination of parental rights.

Blake Clayton v. State of Indiana (NFP)
49A05-1203-CR-129
Criminal. Affirms conviction of Class D felony pointing a firearm.

Bryan A.Ogle v. State of Indiana (NFP)
89A01-1202-CR-55
Criminal. Affirms Ogle was properly sentenced for both the Class B felony robbery conviction and habitual offender enhancement but that the court should have ordered the sentences to run consecutively.

Logan Wininiger, Richard Roberts, et al. v. Review Board of the Indiana Dept. of Workforce Development, New NGC, Inc. d/b/a National Gypsum Services Company (NFP)
93A02-1203-EX-225
Agency action. Affirms review board’s finding that claimants are ineligible for unemployment compensation because they were unemployed as a result of a labor dispute.

Robert Peacher v. Dennis Davis (NFP)
48A02-1110-SC-1027
Small claim. Affirms order dismissing Peacher’s action against Davis.

State of Indiana v. Shaun L. Steele (NFP)
20A03-1111-PC-502
Post conviction. Reverses grant of Steele’s PCR petition on the issue of double enhancement, but affirms the post-conviction court in all other respects. Remands for further proceedings.
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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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