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Opinions Sept. 12, 2013

September 12, 2013
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Indiana Supreme Court
Clark County Board of Aviation Commissioners, Board of Commissioners of Clark County, Indiana v. Dennis Dreyer and Margo Dreyer, as Co-Personal Reps. of the Estate of Margaret A. Dreyer
10S01-1308-PL-529
Civil plenary. Grants transfer to dispel confusion arising from “inartful language” in previous opinion.

Andrew McWhorter v. State of Indiana
33S01-1301-PC-7
Post conviction. Reverses the denial of McWhorter’s post-conviction relief petition, vacates conviction for voluntary manslaughter and remands for retrial. Rules the state can retry on same voluntary manslaughter without violating double-jeopardy restrictions. Although the phrase “knowingly killed” is in the definitions of murder and voluntary manslaughter, McWhorter can be acquitted of murder while still being found guilty of voluntary manslaughter because “knowingly” is not the only single issue a rational jury would have considered.

Indiana Court of Appeals
John Luttrell v. Melinda Luttrell
49A02-1301-DR-85
Domestic relation. Affirms division of marital estate and award of spousal maintenance to Melinda Luttrell. Remands to the trial court for consideration of the parents’ liability for their children’s student loans in which one or both parents were co-signers.

Brian Russell v. State of Indiana
46A03-1212-CR-544
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated, rejecting Brian’s Russell’s argument that his Fourth Amendment protection against unreasonable search and seizure was violated. In a concurring opinion, Judge Mark Bailey held that because Rusell had waived the Fourth Amendment argument as the majority believed, he therefore would not have undertaken an analysis of the Fourth Amendment claim as the majority did.

Gina Albright v. Review Board of the Indiana Dept. of Workforce Development and the Starke County Sheriff's Dept.
93A02-1301-EX-81
Agency action. Affirms denial of unemployment benefits, holding that the Department of Workforce Development’s determination that Albright was ineligible for benefits because she was fired for just cause was not contrary to law. The court also found dispatchers are an appropriately distinct class upon which to assess the uniform enforcement of an unexcused, unreported absence policy.

Flora Birdsong v. Illinois Central School Bus (NFP)
93A02-1304-EX-319
Civil. Affirms denial of worker’s compensation benefits to Birdsong.

Jeffrey Griebel v. Lehsa Griebel (NFP)
53A04-1304-DR-191
Domestic relation. Dismisses Jeffrey Griebel’s appeal of child support order.

Willie Ambros Norman v. State of Indiana (NFP)
71A03-1301-CR-13
Criminal. Affirms conviction of Class D attempt to acquire possession of a legend drug by fraud, deceit, misrepresentation, or subterfuge.
 
Adolfo Lopez v. State of Indiana (NFP)
15A05-1302-CR-51
Criminal. Affirms denial of Lopez’s motion for recusal/change of judge.

Thelma Lindsey v. State of Indiana (NFP)
02A03-1211-CR-486
Criminal. Affirms two-year sentence for operating while intoxicated, as a Class D felony.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.M.(Minor Child) and C.M.(Mother) and R.M.(Father) v. Indiana Department of Child Services (NFP)
81A01-1302-JT-58
Juvenile. Affirms involuntary termination of C.M’s and R.M.’s parental rights to their 4-year-old child, K.M.

In Re the Termination of the Parent-Child Rel. of H.W. (Minor Child) and D.F. (Father) v. The Indiana Dept. of Child Services (NFP)
82A05-1301-JT-45
Juvenile. Affirms involuntary termination of D.F.’s parental rights to his child, H.W.

Phillip J. Troyer v. Tracy L. Troyer (NFP)
02A03-1302-DR-55
Domestic relation. Affirms order finding Phillip Troyer in contempt for failing to pay his share of K.T.’s uninsured medical expenses under the divorce decree. In her dissent, Judge Elaine Brown argues that Phillip’s action shows he was not being willfully disobedient. He told his ex-wife he would be delaying payment while he filed a claim against the insurer, to which she consented, and his assertion that he owed less than his ex-wife calculated was confirmed by the court.

In Re the Termination of the Parent-Child Rel. of El.S. and Et.S. (Minor Children) and M.S. (Mother) v. The Indiana Dept. of Child Services (NFP)
90A05-1211-JT-614
Juvenile. Affirms termination of M.S.’s parental rights to her children, El.S and Et.S.

Darren L. Bunch v. State of Indiana (NFP)
73A01-1301-CR-15
Criminal. Affirms conviction of rape as a Class B felony.

Jeff Pierrard v. Wright Implement 1, LLC (NFP)
62A01-1305-CT-238
Civil tort. Affirms summary judgment in favor of Wright Implement 1, LLC, regarding its claim against Pierrard for conversion of a tractor and other equipment.

Oscar Diaz-Flores v. State of Indiana (NFP)
49A02-1302-CR-184
Criminal. Affirms conviction of Class A felony burglary. Also affirms one count of Class C felony criminal confinement and vacates the other count. Finds Flores’ criminal confinement of his ex-girlfriend constitutes a single transaction and can only support one criminal confinement conviction.  

Stephen R. Harvey, Jr. v. State of Indiana (NFP)
02A03-1302-CR-44
Criminal. Affirms denial of Harvey’s motion for concurrent sentencing.

Gregory Voltaire v. State of Indiana (NFP)
02A03-1303-CR-104
Criminal. Affirms conviction for Class D felony sexual battery. Reverses and remands with instruction one-year sentence for Class B misdemeanor battery. Finds Voltaire’s one-year sentence suspended to probation for the misdemeanor violates Indiana Code which limits the term of imprisonment for Class B misdemeanor to no more than 180 days.

Thomas I. Goode v. Hendricks County Planning and Building Commission (NFP)
32A01-1302-PL-67
Civil plenary. Dismisses Goode’s appeal of the trial court’s July 2011 order and October 2012 order that he comply with the general business district zoning requirements. Finds Goode forfeited his right to appeal because he did not file notice within 30 days of the orders.

Christopher D. Davies v. State of Indiana (NFP)
34A02-1301-CR-18
Criminal. Affirms three-year sentence executed for theft, a Class D felony.

Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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