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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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