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Opinions Sept. 20, 2011

September 20, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court
Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49S05-1102-PL-76
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery. The Indiana Trial Rules apply to will contest actions, and the failure to file an answer or responsive pleading in accordance with Trial Rule 7 may result in a default judgment.

Richard L. Barnes v. State of Indiana

82S05-1007-CR-343
Criminal. Grants rehearing and affirms original opinion that residents don’t have a common law right to resist police entering a person’s home. The castle doctrine is not a defense to battery or any violence against a police officer who is acting in his or her duties. Justice Rucker dissents.

Indiana Court of Appeals
Thomas Temple v. State of Indiana
27A05-1101-CR-31
Criminal. Affirms conviction of Class A misdemeanor contributing to the delinquency of a minor. Rejects Temple’s proposed definition of “induce,” and rejects his claims, premised upon that definition, that there was insufficient evidence and that there was a fatal variance between the charging information and the evidence adduced at trial.

State of Indiana v. Jonathon McDonald
32A05-1102-CR-56
Criminal. Reverses dismissal of charges against McDonald. The trial court erred by dismissing the charges based on the successive prosecution statute. Remands for further proceedings.

David L. McDaniel v. State of Indiana (NFP)

45A03-1102-CR-72
Criminal. Affirms sentence for Class C felony criminal recklessness.

Darnell Kelly, Jr. v. State of Indiana (NFP)
71A04-1101-CR-67
Criminal. Affirms conviction of Class C felony burglary and finding that Kelly is a habitual offender.

Richard West v. Elizabeth West (now Smith) (NFP)
22A01-1102-DR-45
Domestic relation. Affirms denial of Richard West’s petition to modify child custody and the award of $5,000 in attorney fees to Elizabeth West.

Daniel Zunica v. Zuncor, Inc., Steven A. Coppolillo, Jared Tomich, et al. (NFP)
45A04-1009-PL-700
Civil plenary. Affirms denial of motion to correct error brought by Zunica, which challenged a jury verdict finding him liable for breach of fiduciary duty in an action brought by Zuncor Inc. and shareholders.

Jon Dalton Gates v. State of Indiana (NFP)

12A02-1102-CR-160
Criminal. Affirms convictions of and sentence for Class D felony maintaining a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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