Opinions Oct. 8, 2013

October 8, 2013
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
In the Matter of: Thomas M. Dixon
Discipline. The majority concludes in a per curiam ruling that statements made in support of a motion for change of judge did not violate Indiana Professional Conduct Rule 8.2(a) considering the entirety of the statements. Finds that the statements were relevant to, and required for, the relief sought. Justice Robert Rucker dissents, agreeing with the Disciplinary Commission hearing officer that the comments went beyond legal argument, became personal and therefore violated the rule.

Indiana Court of Appeals
Indiana State Ethics Commission, Office of Inspector General, an agency of the State of Indiana, and David Thomas, in his official capacity as Inspector General v. Patricia Sanchez
Civil plenary. Affirms the trial court’s reversal of the ethics commission’s final report against Sanchez. The state turned to the ethics commission after a trial court granted Sanchez’s motion to suppress the evidence that indicated she failed to return state property after she was dismissed from the Indiana Department of Workforce Development. The ethics commission then denied her motion to suppress and sanctioned her. The COA ruled the court order to suppress evidence was binding and could not be ignored by the commission.

In the Matter of the Termination of the Parent-Child Relationship of: N.Q., Je.Q., Ja.Q., L.Q., Minor Children, T.Q., Mother, and A.Q., Father v. Indiana Department of Child Services
Juvenile. Reverses the termination of the parent-child relationship between the parents and four minor children and remands for proceedings consistent with this opinion. Rules the trial court committed clear error by relying on evidence from the first termination hearing and failing to adequately consider the new evidence showing the parents had improved their living situation.  

David Holbert v. State of Indiana
Criminal. Affirms Holbert’s conviction for possession of marijuana as a Class A misdemeanor. Reverses and remands his Class B misdemeanor conviction for public intoxication. Rules although Holbert was drunk in a public place, he did not meet any of the four conditions added to the state public intoxication statute. He was not endangering his or anyone’s life, he was not breaching the peace and he was not annoying or harassing anyone.  

Bradley R. Benard v. Review Board of the Indiana Department of Workforce Development and Rolls-Royce Corporation (NFP)
Agency action. Affirms the Unemployment Insurance Review Board’s finding that Benard was ineligible for unemployment benefits because he had been discharged for just cause.

Stephen G. Bentle v. State of Indiana (NFP)
Criminal. Affirms trial court’s imposition of Bentle’s previously suspended seven-and-a-half year sentence.

David Lee O'Banion v. State of Indiana (NFP)
Criminal. Affirms sentence of 45 years with 10 years suspended after O’Banion pleaded guilty but mentally ill to burglary as a Class A felony.

Jason Frye v. State of Indiana (NFP)
Criminal. Affirms conviction of six counts of Class D felony possession of child pornography.

D.H. v. State of Indiana (NFP)
Juvenile. Affirms juvenile court’s dispositional order that D.H. serve a two-year determinate term with credit for the seven months he spent at the Indiana Department of Correction between his first and second dispositional hearings. Rules the dispositional order did not violate Article I, Section 23 of the Indiana Constitution.

Phillip A. Evans v. State of Indiana (NFP)
Criminal. Affirms conviction and two-year sentence for intimidation, as a Class D felony, pursuant to a guilty plea.

Larry Warren v. State of Indiana (NFP)
Criminal. Remands for resentencing Warren’s appeal of an aggregate 80-year sentence following his convictions for three counts of child molesting as Class A felonies and two counts of child solicitation as Class D felonies. Finds there is insufficient evidence to support two of the three aggravators the trial court used as the basis to enhance the sentence.  

Andrew Bridgford v. Julie K. Bridgford (NFP)
Domestic relation. Dismisses Andrew Bridgford’s appeal of the trial court’s “Entry on Pending Motions” because he failed to substantially comply with the Indiana Rules of Appellate Procedure.  

The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.