ILNews

Opinions Oct. 2, 2012

October 2, 2012
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7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals

Moise Joseph v. State of Indiana
82A05-1108-CR-387
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.

Willie Bigsbee v. State of Indiana
34A02-1201-CR-60
Criminal. Affirms two convictions of Class A felony dealing in cocaine. Finds trial court did not err in overruling Batson objections, and there is sufficient evidence to support the convictions.

Brian Yost v. Wabash College, Phi Kappa Psi Fraternity, Inc., Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, and Nathan Cravens
54A01-1201-CT-31
Civil tort. Affirms summary judgment in favor of Wabash and the Phi Kappa Psi defendants in Yost’s suit seeking compensatory and punitive damages after he was injured by his fraternity brothers. The defendants did not breach any duty owed to Yost and finds Yost was not a victim of hazing under the state’s anti-hazing statute or of other foreseeable criminal conduct. Judge Vaidik concurs in part and dissents in part.

Raymond C. Tisdale v. Christine M. (Tisdale) Bolick (NFP)
49A02-1202-DR-138
Domestic relation. Reverses order in which the court determined that it lacked jurisdiction to consider Raymond Tisdale’s petition to modify child support. Remands with instructions to hold a hearing.

Douglas Thompson v. State of Indiana (NFP)
45A03-1201-CR-5
Criminal. Affirms conviction and sentence for felony murder.

Lora L. Karr v. State of Indiana (NFP)
55A01-1112-CR-591
Criminal. Affirms denial of pretrial motion to suppress.

Scott J. Welton v. State of Indiana (NFP)
40A05-1202-CR-67
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Garrett Andrew Plumlee v. State of Indiana (NFP)
82A05-1203-CR-131
Criminal. Affirms sentence for Class D felony criminal recklessness.

Herbert Preasha v. State of Indiana (NFP)
02A05-1204-CR-173
Criminal. Reverses denial of motion to have certain items seized at the time of Preasha’s arrest returned to him. Remands with instructions.

Tracy A. Lawrence v. State of Indiana (NFP)
02A03-1203-CR-125
Criminal. Affirms conviction of Class D felony theft.

Arthur J. Bryant v. State of Indiana (NFP)
31A04-1109-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.
 

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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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