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Opinions Sept. 13, 2013

September 13, 2013
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Indiana Court of Appeals
Jerry A. Smith v. State of Indiana
15A05-1208-CR-411
Criminal. Affirms Dearborn Superior Court’s denial of Smith’s motion to dismiss three charges and reverses the court’s denial of the motion to dismiss 15 state charges. Rules most of the charges brought against Smith for an alleged Ponzi scheme violated double jeopardy because they were for the same conduct included in his guilty plea to a federal indictment. However, the charges related to Smith’s failing to register with the Indiana Secretary of State as a broker-dealer can stand since they were not related to the federal charges. Judge Nancy Vaidik dissents, arguing the remaining charges also violate double jeopardy because both the federal and state charges rely, partially, on Smith’s failure to register.

Jerry A. Smith v. State of Indiana
24A01-1210-CR-469
Criminal. Affirms Franklin Circuit Court’s order dismissing 24 state charges and denying Smith’s motion to dismiss five other charges. Reserves denial of motion to dismiss remaining state court charges and remands for further proceedings. Finds most of the charges brought against Smith for an alleged Ponzi scheme were for the same conduct included in his guilty plea to a federal indictment and therefore violate double-jeopardy prohibitions. However, the charges related to Smith’s failing to register with the Indiana secretary of state as a broker-dealer can stand because they were not related to the federal charges. Judge Nancy Vaidik dissents, arguing the remaining charges also violate double jeopardy since both the federal and state charges rely, partially, on Smith’s failure to register.

Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber & Hardware; and Von Tobel Lumber & Home Center, Inc. v. Chi-Tec Construction & Remodeling, Inc.; John F. Ziola, Jr.; Et Al.
46A03-1301-MI-18
Miscellaneous/mechanic’s lien. Reverses grant of summary judgment in favor of the Margret Lynn West trust, one of the defendant parties, and orders summary judgment entered for Von Tobel. The panel reversed a trial court ruling that the lien was invalid because a pre-lien notice named “Von Tobel Lumber & Home Center Inc.” and the lien notice named “Von Tobel Corporation” as claimants. The difference was minimal, not misleading and didn’t prejudice the trust or other parties, the panel held.

In the Matter of the Termination of the Parent-Child Relationship of Jo. B. & Ju. B.(Minor Children) and T. B.(Mother) v. The Indiana Department of Child Services (NFP)
49A05-1303-JT-92
Juvenile. Affirms termination of T.B.’s parental rights to her children, Ju.B. and Jo.B.

Lamar Miller v. State of Indiana (NFP)
49A05-1302-CR-46
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Charles Grieco v. State of Indiana (NFP)
49A04-1301-CR-32
Criminal. Affirms conviction for operating a vehicle while intoxicated, as a Class C misdemeanor.

Indiana Supreme Court and 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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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