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Opinions Sept. 21, 2012

September 21, 2012
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7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.

Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.

Indiana Court of Appeals
Justin Taylor v. State of Indiana
49A05-1201-CR-4
Criminal. Affirms conviction of Class C felony failing to register as a sex offender. Rejects argument that ankle bracelet alerted authorities Taylor was living at a different address.

Janice Brandom v. Coupled Products, LLC
92A03-1112-PL-542
Civil plenary. Affirms denial of Brandom’s motion to dismiss a defamation lawsuit pursuant to the “anti-SLAPP’ statute, finding the question of whether statements were made in good faith and without malice should be decided by a jury.

A.G. v. P.G.
49A04-1201-PO-94
Order of protection. Affirms extension of P.G.’s protective order against A.G, declining to reweigh evidence.

Stephen Williams, Special Administrator of the Estate of Roscoe Petty, et al. v. Safe Auto Insurance Company (NFP)
11A01-1202-CT-70
Civil tort. Affirms summary judgment for Safe Auto on its declaratory judgment action.
 
The Kroger Company d/b/a Jay C. Food Store v. Deborah and David Tincher (NFP)
47A04-1204-CT-194
Civil tort. Affirms denial of Kroger’s Trial Rule 60(B) motion to set aside a default judgment in favor of the Tinchers in their person injury action against Kroger.
 
Keith A. White v. State of Indiana (NFP)
79A02-1204-CR-312
Criminal. Affirms denial of White’s motion to correct erroneous sentence.

In Re: The Paternity of J.T.F., Minor Child, M.A.J., II, Father v. D.H., Mother, State of Indiana (NFP)
 53A05-1203-JP-179
Juvenile paternity. Affirms trial court’s denial of father’s motion for a paternity test.

 Derik Miller v. State of Indiana (NFP)
49A02-1112-CR-1152
Criminal. Affirms trial court’s guilty judgment but remands for correction of the abstract of judgment to reflect Miller’s conviction of driving while suspended is an infraction.

Mathew A. Johnson v. State of Indiana (NFP)
79A02-1110-CR-991
Criminal. Affirms trial court was not obligated to sever the counts against Johnson, the jury was properly instructed and the sentence was not inappropriate.

David T. Stephanoff v. State of Indiana (NFP)
48A02-1112-CR-1129
Criminal. Affirms the trial court’s order that Stephanoff serve the sentences for theft consecutive to the sentences for his two other crimes but remands for correction of scrivener’s error in the sentencing order.

Mark A. Johnson v. State of Indiana (NFP)
49A05-1112-CR-681
Criminal. Affirms Johnson’s rape conviction but based on double jeopardy principles, reverses convictions of criminal confinement and battery and remands for the trial court to correct its records accordingly.

In Re The Civil Commitment of: J.B. v. Community North Hospital Gallahue Mental Health (NFP)
49A04-1202-MH-85
Mental health. Affirms trial court’s order temporarily committing J.B. at Community Hospital North.
 
Pharoah D. Newton v. State of Indiana (NFP)
82A01-1111-CR-507
Criminal. Affirms Newton’s conviction and sentence for murder.
 
T.C., Jr. v. State of Indiana (NFP)
20A04-1112-JV-679
Juvenile. Affirms T.C.’s adjudication as a delinquent child for committing acts that would constitute child molesting if committed by an adult.
 
Ricky Rapier v. State of Indiana (NFP)
49A04-1202-CR-92
Criminal. Affirms Rapier’s conviction of battery as a Class D felony.

 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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