ILNews

Opinions Sept. 19, 2012

September 19, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.

Columbus Regional Hospital v. Clyde Amburgey, Individually and as Executor of the Estate of Moreen Amburgey
03A01-1110-CT-450
Civil tort. Affirms denial of the hospital’s request for partial summary judgment as it argued that the expiration of the statute of limitations with respect to two doctors foreclosed the suit brought by Amburgey. Genuine issues of material fact exist regarding the claim of apparent agency.

L.H. Controls, Inc. v. Custom Conveyor, Inc.
16A05-1111-PL-606
Civil plenary. Reverses award of lost profit damages to CCI in the amount of $1,144,470 for breach of contract by L.H., the award of $133,328.53 in attorney fees to CCI, award of damages of $82,184.10 for CCI’s chargebacks, and the $5,259.38 set-off for L.H. the trial court allowed against the $82,184.10. Affirms the awards of $7,077 and $928.86 in costs related to CCI’s removal of the mechanic’s lien against Honda plant’s property. Together with the damages L.H. does not challenge on appeal, this will result in a total award to CCI of $112,864.46. Remands for trial court to make necessary corrections to the judgment.

Duane Turner v. State of Indiana
18A05-1112-PC-697
Post conviction. Affirms denial of Turner’s motion for summary disposition and grant of the state’s motion for summary judgment on the constitutionality of Turner’s life sentence without parole. Affirms denial of relief based on ineffective assistance of trial counsel. Concludes Turner met his burden to prove by a preponderance of the evidence that his appellate counsel was ineffective by failing to challenge his Class A felony attempted robbery resulting in serious bodily injury conviction. Remands with instructions to reduce that to a Class B felony robbery conviction.

Lavelle Malone v. Keith Butts and Bruce Lemmon
48A02-1203-MI-228
Miscellaneous. Affirms order granting a motion to dismiss for failure to state a claim filed by Butts and Lemon regarding Malone’s action for mandate. The Department of Correction complied with the requirements of I.C. 11-11-3-9 when it administratively imposed restrictions on Malone’s visits.

Kenneth Kelly v. State of Indiana (NFP)
30A01-1112-PC-612
Post conviction. Affirms denial of petition for post-conviction relief.

Bruce Kevin Pond v. State of Indiana (NFP)
90A05-1202-CR-73
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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