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Opinions Sept. 10, 2013

September 10, 2013
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U.S. 7th Circuit Court of Appeals
United States of America v. John Scott
12-2962
Criminal. Affirms U.S. District Court for the Northern District of Indiana ruling denying a motion to suppress evidence gathered from a search warrant issued after a driveway conversation involving drug deals was captured without the knowledge of either party, after a dealer took a confidential informant’s vehicle to meet his supplier, John Scott. The panel held that sufficient evidence aside from the recorded conversation supported the issuance of the warrant.

Indiana Court of Appeals
Jerome Binkley v. State of Indiana
84A05-1208-PC-441
Post conviction. Reverses and remands summary denial of a petition for post-conviction relief from a conviction of murder, holding that Binkley pleaded sufficient facts to raise a material issue of possible merit regarding his claim of ineffective assistance of counsel.

Kelvin Fuller v. State of Indiana
45A03-1212-CR-520
Criminal. Affirms on interlocutory appeal denial of a motion to dismiss charges under Criminal Rule 4(C). The court held that Kelvin Fuller, extradited to Indiana after convictions in Wyoming, failed to meet his burden of proving he was denied a speedy trial because he could not show that Lake County prosecutors or courts were aware of his incarceration in Indiana before he filed a petition seeking to dismiss charges.

Myron Jay Rickman v. Sheila Rena Rickman
27A02-1211-DR-950
Domestic relation. Reverses denial of Myron Rickman’s petition for modification of visitation and denial of motion to correct error, holding that his incarceration on child molestation convictions alone is insufficient to bar phone or mail contact with his son. Remands to the trial court for findings as to whether the petition was denied pursuant to Ind. Code § 31-17-4-2, or whether the court considered the Indiana Parenting Time Guidelines.

H.M. v. State of Indiana
49A04-1304-CR-157
Criminal. Affirms denial of H.M.’s four petitions to restrict disclosure of his arrest records. Finds, under the state’s former expungement law (the petitions and denial were issued several months before Indiana’s new expungement law took effect on July 1, 2013), H.M. is not eligible for expungement because, although he was arrested, he was never charged with a crime. Rules the old statute requires an information or indictment to be filed before an individual can be said to have been charged.

Tim L. Godby v. James Basinger, et al., (NFP)
77A05-1201-PL-3
Civil plenary. Affirms grant of summary judgment in favor of James Basinger, et al.

Ronald Andrew Manley v. State of Indiana (NFP)
33A01-1301-CR-52
Criminal. Affirms denial of Manley’s petition to remove his designation as a sexually violent predator from the Indiana Sex Offender Registry.

Reco Terrell v. State of Indiana (NFP)
15A01-1302-CR-78
Criminal. Affirms revocation of probation.

Century Surety Company v. The Ugly Monkey, LLC and Camburad, LLC, Amber Pagel, Dale Ueber a/k/a Dale Uebersetzig and Ueber Insurance Inc., (NFP)
49A02-1211-CT-903
Reverses partial summary judgment declaring that Ueber acted as the agent of Century Surety when accepting notice of an occurrence and lawsuit from an insured, Camburad, LLC, which operated the Ugly Monkey nightclub. Remands, holding that Ueber did not act as an agent and that Camburad and Ugly Monkey are entitled to summary judgment on the claim of breach of duty to defend.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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