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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. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. 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.

  3. 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!!!

  4. 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!

  5. 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.

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