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Opinions Sept. 4, 2012

September 4, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Nathan S. Berkman v. State of Indiana
45A04-1111-CR-583
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Hood's Gardens, Inc. v. Jason Young, Craig Mead d/b/a Discount Tree Excavation a/k/a D & E Tree Extraction
29A04-1201-PL-8
Civil plenary. Reverses dismissal of Hood’s Gardens’ declaratory judgment action involving Craig Mead, Jason Young and D&E Tree Extraction seeking to not have to pay workers’ compensation benefits to Young. The exclusivity provisions of the Worker’s Compensation Act did not give the board exclusive jurisdiction to decide the simple contract construction issue raised in the trial court by HG. Remands for further proceedings.
 
Tommi Emerson Winn v. State of Indiana
42A04-1201-CR-49
Criminal. Reverses denial of Winn’s motion for bail bond reduction. While the severity of the 13 charges supports setting the bail at $25,000, the absence of any other factors to suggest Winn is a flight risk means the court should have granted his request to deposit an amount not less than 10 percent of bail under I.C. 35-33-8-3.2(a). Judge Brown concurs in part.

Heather N. Kesling v. Hubler Nissan, Inc.
49A02-1111-CT-1031
Civil tort. Reverses summary judgment to Hubler Nissan on Kesling’s Indiana Deceptive Consumer Sales Act, Indiana Crime Victims Relief Act, and fraud claims. There is a genuine issue of material fact as to whether Hubler made a representation that the car was safe to operate. Judge Friedlander dissents.

Dennis J. Rodenberg v. State of Indiana (NFP)
82A01-1201-CR-10
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
02A04-1204-CR-190
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
29A02-1112-CR-1104
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
49A02-1202-CR-126
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
02A04-1201-CR-34
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
16A04-1203-CR-131
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
48A05-1112-CR-693
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
10A01-1112-CR-619
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.
 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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