ILNews

Opinions Oct. 21, 2010

October 21, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brenda Moore v. State of Indiana
49A04-1001-CR-46
Criminal. Reverses conviction of Class B misdemeanor public intoxication. Under the circumstances, Moore was not in a public place and therefore the evidence is insufficient to support a conviction of public intoxication. Judge Vaidik dissents.

Kelly A. Fisher v. Estate of Robert Fisher, et al.
48A02-1002-EU-197
Estate. Reverses judgment in favor of the personal representatives of the Estate of Robert Fisher. The refund of the premium paid for an annuity, which Robert Fisher purchased in the name of the family limited partnership and later re-titled in his name, is the property of the family limited partnership. Orders the annuity premium refund to be deposited with the Fisher Family Limited Partnership.

Hamrick's Diesel Service & Trailer Repair, LLC v. City of Evansville, by and through its Board of Public Works
82A01-1003-PL-109
Civil plenary. Affirms summary judgment for the City of Evansville and dismissal of Hamrick’s case. Since Hamrick had no right to have its bid considered it cannot sustain a legal claim to have been deprived of a contractual right for which it is entitled to damages from the city.

Term. of Parent-Child Rel. of K.G.; A.G. v. Allen County D.C.S. (NFP)

02A03-1003-JT-341
Juvenile. Affirms termination of parental rights.

William Howard v. State of Indiana (NFP)
49A02-1002-CR-201
Criminal. Affirms conviction of Class C felony burglary.

Gary Parsons v. State of Indiana (NFP)
82A04-1003-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph C. Bannon v. State of Indiana (NFP)
29A05-1001-CR-120
Criminal. Affirms sentence following guilty plea to Class D felony attempted obstruction of justice and Class C felony reckless homicide.

Douglas Griffith v. State of Indiana (NFP)
49A02-1003-CR-342
Criminal. Affirms convictions of domestic battery as a Class D felony and battery as a Class A misdemeanor.

Kristina Byers-Escobedo v. State of Indiana (NFP)
71A05-1003-CR-208
Criminal. Affirms conviction of and sentence for Class A felony neglect of a dependent.

Stacy Price v. State of Indiana (NFP)
34A02-1004-CR-366
Criminal. Affirms conviction of Class A felony dealing in cocaine.

J.H. v. Review Board (NFP)
93A02-1005-EX-607
Civil. Affirms the dismissal of J.H.’s appeal before the Review Board of the Indiana Department of Workforce Development.

James Merket v. State of Indiana (NFP)
49A02-1003-CR-331
Criminal. Dismisses appeal of conviction of impersonation of a public servant as a Class D felony since Merket is now deceased.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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