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Opinions Oct. 5, 2011

October 5, 2011
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7th Circuit Court of Appeals had posted no opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
P.J. v. State of Indiana

49A05-1102-JV-121
Juvenile. Affirms restitution order following adjudication, after a guilty plea, as a delinquent child for committing what would be Class B felony burglary if committed by an adult. P.J. waived his right to have the juvenile court inquire into his ability to pay, as he has acknowledged such ability in his plea agreement.

State of Indiana v. Gordon V. Vankirk
29A02-1012-CR-1418
Criminal. Affirms trial court finding Vankirk not guilty of operating a motor vehicle while privileges are forfeited for life as a Class C felony. Entering a judgment of conviction for a Class A misdemeanor pursuant to Indiana Code 35-38-1-1.5 for an offense under I.C. 9-30-10-16 removes the lifetime forfeiture of a defendant’s driving privileges.

David Robinson v. State of Indiana
49A02-1101-CR-13
Criminal. Affirms revocation of probation. The trial court erred in admitting an affidavit prepared by a detective based on information another police officer told him regarding a domestic dispute between Robinson and his girlfriend. The state presented and the trial court found there were additional factors warranting revocation of Robinson’s probation.

Howard Steele v. State of Indiana (NFP)
49A02-1102-CR-157
Criminal. Reverses post-conviction court’s summary denial of petition for education credit time for a high school diploma earned from an unaccredited school. Remands for a hearing.

Jyshawn D. Moore v. State of Indiana (NFP)

71A03-1102-CR-115
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.

Myia Relphorde v. State of Indiana (NFP)
49A04-1103-CR-91
Criminal. Affirms conviction of Class C felony conspiracy to commit robbery.

Raymond Cox, Jr. v. State of Indiana (NFP)
73A04-1101-CR-116
Criminal. Affirms sentence following guilty plea to possession of marijuana as a Class D felony.

Christopher West v. Eileen Mary Flaherty (NFP)
49A04-1012-CC-747
Civil collection. Affirms denial of West’s motion to declare a California judgment void and to vacate an agreed judgment.

In Re: The Unsupervised Administration of the Estate of Ozella T. Schlosser, deceased (NFP)
30A01-1106-EU-226
Estate, unsupervised. Dismisses William Schlosser’s appeal of the denial of his petition to reopen the estate of his mother.

Daniel J. Hollen v. State of Indiana (NFP)
42A01-1105-MI-206
Miscellaneous. Affirms denial of motion to correct error.

Frederick Hampton v. State of Indiana (NFP)
49A02-1103-CR-258
Criminal. Affirms imposition of a $100 public defender fee.

Delbert R. Majors v. State of Indiana (NFP)
82A01-1012-CR-660
Criminal. Affirms sentence for Class B felony causing death when operating a motor vehicle with a schedule II controlled substance in the blood.

In Re: The Marriage of Dorothy Borgan v. Terry R. Borgan, Sr. (NFP)
49A04-1012-DR-785
Domestic relation. Reverses order as it pertains to modification of the wife’s portion of the husband’s monthly retirement payment and instructs the trial court, if necessary, to have a new qualified domestic relations order entered which reflects this decision. Affirms denial of wife’s contempt and attorney fees petition.

Term. of Parent-Child of T.S.; A.R. v. Indiana Dept. of Child Services (NFP)
71A03-1104-JT-210
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. 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.

  2. 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.

  3. 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.

  4. 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

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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