ILNews

Opinions Oct. 7, 2011

October 7, 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

James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.

Joseph A. Taylor v. Alan P. Finnan
48A02-1105-MI-547
Miscellaneous. Reverses trial court’s dismissal of Taylor’s writ of habeas corpus. Affirms trial court’s finding that Taylor’s claim should have proceeded as a petition for post-conviction relief, but that the court should have transferred the case to Floyd County – where Taylor had been convicted and sentenced – rather than dismiss it. Remands to transfer the case to Floyd County.

Lisa A. Davis v. Review Board of the Indiana Department of Workforce Development and VOCA of Indiana LLC
93A02-1101-EX-14
Agency appeal. Affirms decision of the Indiana Department of Workforce Development Review Board, which affirmed a decision by an administrative law judge determining Davis had been terminated for cause and therefore was ineligible for unemployment benefits. Holds that Davis had failed to provide good cause for missing a hearing and that her employer provided substantial evidence that Davis was terminated for just cause, including theft.

Kelley Seibert d/b/a Seibert's Kennel v. Rick Bryant (NFP)
48A04-1011-SC-750
Small claim. Reverses small claims court’s judgment in favor of Bryant, holding that the trial court erred in ignoring a provision in the contract between Bryant and Seibert. Remands with orders to enter judgment in favor of Seibert.

Jerramy Moore v. State of Indiana (NFP)
49A02-1104-CR-294
Criminal. Affirms conviction of Class D felony possession of marijuana.

Bane Elliott v. State of Indiana (NFP)
79A05-1008-CR-566
Criminal. Affirms convictions of four counts of child molesting, but remands to the court to revise Elliott’s 40-year sentence to 35 years, holding that Elliott had met his burden of establishing that his sentence was inappropriate.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. 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

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