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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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