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Opinions Sept. 13, 2011

September 13, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

The Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Yasin Hory v. State of Indiana
01A04-1011-IF-717
Infraction. Affirms conviction of Class C infraction illegal parking, holding that Hory failed to establish an express or implied pre-emption of local traffic safety laws by federal motor safety regulations.

Gary R. Shepherd v. Linda S. (Shepherd) Tackett
72A01-1012-DR-692
Domestic relations. Affirms trial court’s post-dissolution order modifying the parties’ property division as stated in the Decree of Dissolution, holding that the order clarified the property division, but did not make substantial changes to the decree.

Mauel Gaeta; Roche Surety & Casualty v. State of Indiana
79A02-1011-CR-1196
Criminal. Affirms trial court’s decision finding Roche Surety & Casualty liable for Gaeta’s bond. On cross-appeal from the state, holds the trial court erred in not finding Roche Surety liable for forfeiture of 20 percent of the bond’s face value, and remands to the trial court for judgment consistent with its opinion.  

Zachariah D. Reese v. State of Indiana
38A05-1104-CR-171
Criminal. Reverses denial of Reese’s request for court-appointed counsel, holding that the record shows that Reese lacked the means to hire an attorney. Remands for a new indigency determination and new trial.

Charles David Kelly v. National Attorneys Title Assurance Fund
69A04-1104-CT-215
Civil tort. Affirms trial court’s grant of summary judgment in favor of National Attorneys Title Assurance Fund, holding undisputed facts support the trial court’s judgment.

Joseph N. Meade v. Kathleen F. Meade (NFP)
64A03-1101-DR-56
Domestic relation. Reverses trial court’s modification of child support, holding the court abused its discretion in failing to pro rate Kathleen Meade’s severance pay when it reduced her obligation to $100 per week. Remands to the trial court for proceedings consistent with opinion.

Janice A. Devlin and Kenneth F. Devlin v. AC Roofing, Inc. and Arnold W. Cook (NFP)
34A02-1012-MI-1375
Miscellaneous. Reverses trial court’s denial of the Devlins’ motion to dismiss pursuant to Trial Rule 12(B)(8). Remands for further proceedings.

Robert A. Predaina v. State of Indiana (NFP)
45A03-1006-CR-348
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Shannon Saddler v. State of Indiana (NFP)
49A02-1102-CR-120
Criminal. Reverses sentence for Class A misdemeanor criminal mischief, holding the trial court abused its discretion in requiring Saddler to pay restitution before sentencing her.

Jerry Craig v. State of Indiana (NFP)
49A02-1012-CR-1421
Criminal. Affirms trial court’s denial of Craig’s motion to correct erroneous sentence.

Ross Pushor v. State of Indiana (NFP)
03A05-1011-CR-706
Criminal. Affirms trial court’s order revoking probation.

Indiana State Board of Dentistry v. Julia Francis (NFP)
55A01-1101-PL-28
Civil plenary. Vacates trial court’s denial of Indiana State Board of Dentistry’s motion to dismiss, holding the court did not have the jurisdiction to hear Francis’ appeal. Accordingly, the appeals court did not address subsequent issues outlined in the appeal.

James E. Sims v. State of Indiana (NFP)
02A04-1101-CR-94
Criminal. Affirms aggregate sentence for Class D felony attempted theft and Class A misdemeanor criminal mischief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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