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Opinions Sept. 18, 2013

September 18, 2013
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Indiana Supreme Court

The following opinion was issued after IL deadline Tuesday.


Kevin M. Clark v. State of Indiana
20S05-1301-CR-10
Criminal. Reverses conviction and 45-year sentence for Class A felony attempted dealing in methamphetamine, holding that police violated the Fourth Amendment protections of Kevin Clark when a late-night call regarding someone allegedly living improperly at a 24-hour self-storage unit instead became a “fishing expedition” for narcotics based on an officer’s hunch. Officers saw nothing illegal or appearing to constitute narcotics use, and evidence gathered from resulting search must be suppressed as fruit of the poison tree, a 4-1 majority ruled. Justice Mark Massa dissented, holding that when Clark dropped a bag as police approached, it provided reasonable suspicion, as did Clark’s subsequent admission that the bag contained marijuana.

Indiana Court of Appeals

Mario A. Allen v. State of Indiana
46A04-1203-CR-143
Criminal. Affirms conviction for attempted robbery, a Class B felony, attempted robbery, a Class B felony, and adjudication as a habitual offender. Finds the trial court did not abuse its discretion by admitting into evidence Allen’s arrest report and a co-defendant’s handwritten statement to police. Also rules the trial court properly excluded Allen’s proffered exhibit of an undated taxi cab receipt. Concludes the evidence was sufficient to sustain Allen’s conviction and that Allen abandoned his request for an early trial.

Anonymous, M.D. and Life Care Centers of America, Inc., d/b/a Lane House v. Evelyn Hendricks
79A04-1304-CT-185        
Civil tort. Reverses and remands the denial of Lane House’s motion to stay the proceedings and compel arbitration. Rules although Hendricks did not sign the arbitration agreement herself, she expressly authorized her health care representative to sign and she is now bound by that signing. Also finds that language in the agreement clearly indicates while the National Arbitration Forum is the preferred arbitrator, another arbitration service or method can be used.  

Lifeline Youth & Family Services v. Installed Building Products, Inc. d/b/a Momper Insulation
02A03-1211-CT-502
Civil tort. Affirms trial court denial of motion to correct error over a jury’s award of damages resulting from a fire. Lifeline sought an order to increase the jury’s award of damages from 55 percent of the loss to 100 percent, but the panel ruled that evidence Lifeline relied on to make its argument was not properly before the court because no transcript had been provided.

Brenda Hall v. Dallman Contractors, LLC, Shook, LLC and AT&T Services, Inc.
49A02-1210-CT-806
Civil tort. Reverses and remands a trial court grant of summary judgment in favor of AT&T Services Inc. The court found there are issues of material fact concerning whether AT&T Services was Hall’s employer or a joint employer, and that the company has not established that Hall’s negligence claim against it was barred by the exclusive remedy provision of the Worker’s Compensation Act.

Anthony Michael Davis v. State of Indiana (NFP)
45A05-1302-CR-57
Criminal. Affirms six-year sentence for conviction of Class C felony operating a vehicle after a lifetime suspension.

David Barbee v. State of Indiana (NFP)
49A04-0907-CR-370
Criminal. Affirms denial of motion to correct error challenging his convictions of murder and Class C felony carrying a handgun without a license.

Billye D. Gaulden v. State of Indiana (NFP)
02A04-1212-CR-651
Criminal. Affirms conviction and 50-year sentence for conviction of Class B felony robbery and two counts of Class D felony resisting law enforcement.

Carlos Lamonte Minor v. State of Indiana (NFP)
45A05-1302-CR-85
Criminal. Affirms 12-year sentence for conviction of Class B felony voluntary manslaughter.

Jennifer Barber v. State of Indiana (NFP)
49A04-1208-CR-395
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated and Class C misdemeanor failure to stop and remain at the scene of an accident.

Sanders Johnson v. State of Indiana (NFP)
49A02-1211-CR-904
Criminal. Affirms conviction of murder and being a habitual offender.

Ryan Schonabaum v. State of Indiana (NFP)
82A04-1302-CR-44
Criminal. Affirms 50-year sentence for conviction of two counts of Class A felony child molesting.

Certain Properties Being Sold for Delinquent Taxes; Tax Sale Certificate #3910192 Parcel #39-0-17-114-024.000-007; Norman Eggers v. MLP Services, LLP and Jefferson County, IN. Auditor, et al. (NFP)
39A01-1211-MI-527
Miscellaneous. Affirms issuance of a tax deed to MLP Services and remands to the trial court to determine damages for an appeal brought in bad faith.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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