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Opinions Oct. 8, 2013

October 8, 2013
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Indiana Supreme Court
In the Matter of: Thomas M. Dixon
71S00-1104-DI-196
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
49A02-1301-PL-12
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
82A04-1301-JT-42
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
49A05-1302-CR-54
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)
93A02-1303-EX-237
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)
15A05-1303-CR-131
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)
71A04-1303-CR-124
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)
12A04-1301-CR-16
Criminal. Affirms conviction of six counts of Class D felony possession of child pornography.

D.H. v. State of Indiana (NFP)
71A03-1304-JV-137
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)
84A01-1303-CR-105
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)
49A04-1301-CR-25
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)
73A01-1303-DR-111
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.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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