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Opinions Sept. 22, 2010

September 22, 2010
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The following opinion was posted after IL deadline Tuesday.
Indiana Supreme Court
Term. of Parent-Child Rel. of I.B.; M.L. v. IDCS
03S05-1004-JV-218
Juvenile. Affirms denial of juvenile court to appoint appellate counsel to represent mother in an appeal of the involuntary termination of parental rights order. Holds that Indiana statutes dictate that the right to counsel continues through all stages of the proceeding to terminate the parent-child relationship, including appeal. Finds that the Rules of Professional Conduct, guidance from other jurisdictions, and the principal policy considerations animating termination of parental rights adjudications all dictate that, on the facts of this case, the lawyer had no basis to file an appeal and the trial court was correct not to appoint appellate counsel for that purpose.

Today’s opinions
Indiana Supreme Court
Rosalyn West v. Betty Wadlington,et al.
49S02-1009-CV-509
Civil. Reverses trial court’s grant of Larkin and the Indianapolis Metropolitan Police Department’s motions to dismiss West’s defamation and invasion of privacy claims for lack of subject matter jurisdiction. Holds that a trial court with general jurisdiction to adjudicate claims of defamation and invasion of privacy is not ousted of jurisdiction merely because a religious defense to the claims is asserted. Remands for further proceedings.

Virginia Meister v. State of Indiana and the City of Union City, Indiana
68S04-1009-CV-510
Civil. Grants transfer and affirms trial court order that Meister’s truck be forfeited after her son was found to have drugs in the truck following a traffic stop. Although the search was invalid under Gant, it was justified under the automobile exception to the Fourth Amendment based on probable cause and that it was a readily mobile vehicle.

Indiana Court of Appeals
Donte L. Boatner v. State of Indiana
49A04-1002-CR-68
Criminal. Affirms conviction of Class A misdemeanor domestic battery. The trial court did not err in admitting Boatner’s girlfriend’s statement under the excited utterance exception to the hearsay rule. Boatner’s confrontation claim is waived, and even if he had properly preserved his Crawford confrontation claim, his girlfriend’s statement to the deputy was not testimonial.

Sunder Upshaw v. State of Indiana
49A02-1003-CR-239
Criminal. Reverses conviction of driving while suspended with a prior misdemeanor conviction as a Class A misdemeanor. There is insufficient evidence supporting Upshaw’s conviction. Affirms convictions of Class B felony dealing in cocaine. Upshaw’s confession upon arrest of dealing drugs combined with the evidence of the drugs are sufficient to support his dealing conviction. Remands to amend the judgment of conviction by deleting the Class A misdemeanor conviction and inserting the Class A infraction in its place.

Ronald W. Ritz, et al. v. Town of Brookville (NFP)
24A01-0912-CV-576
Civil. Affirms trial court’s order requiring the demolition of the structure on the Ritzes’ property and enjoining them from violating the Brookville Property Maintenance Code. Reverses award of $2,500 to Brookville and remands to the trial court to impose a penalty consistent with the opinion.

Ellen C. Bragg Firn v. Todd D. Bragg (NFP)
85A04-1002-DR-243
Domestic relation. Affirms order awarding physical custody of minor son to Todd Bragg.

Larry Tidmore v. Linn A. Mackey and Ind. Farm Bureau Ins. (NFP)
27A04-1005-PL-323
Civil plenary. Affirms summary judgment for Indiana Farm Bureau Insurance and Mackey on Tidmore’s complaint for damages stemming from a car accident.

Harold Schuler Owen v. State of Indiana (NFP)
48A05-1003-CR-130
Criminal. Affirms sentence following guilty plea to Class A felony dealing in methamphetamine, Class B felony dealing in methamphetamine, and Class D felony maintaining a common nuisance.

Paul S. Freeman v. State of Indiana (NFP)
02A03-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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