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Opinions Sept. 28, 2010

September 28, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, et al.
29A04-1001-CT-10
Civil. Affirms summary judgment in favor of Virginia Surety Co. Members of the Carmel Commotion Soccer Team traveled to Colorado for a soccer tournament. While in Colorado, the team decided to go on a white-water rafting trip as a team-building activity. While traveling to raft, the van collided with another vehicle and team members were injured. Virginia Surety argued that while the team was sanctioned to attend and compete at the tournament, the use of the van to go white-water rafting was not a use “in the business of the Named Insured” and Indiana Youth Soccer Association did not have knowledge of or authorize the rafting activity. Judge Riley dissents.  

Christopher Casady v. State of Indiana
53A01-0909-CR-431
Criminal. Rules trial court did not err in denying Casady’s motion to dismiss because he failed to show how he was harmed by the state filing additional charges and the subsequent dismissal of the original charges; the evidence was sufficient to support his convictions of 16 counts of Class D felony voyeurism; the warrants to search Casady’s camera and home were properly supported by probable cause; the trial court did not err in admitting evidence seized during execution of the warrants; Casady waived any argument that the videotapes admitted into evidence were unfairly prejudicial; and his 18-year sentence with 12 years suspended was not inappropriate.

D.C. v. K.C. (NFP)
45A03-0912-CV-609
Civil. Affirms trial court order granting modification of custody from father to mother.

John Pearson v. State of Indiana (NFP)
49A02-1002-CR-127
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

William Washington v. State of Indiana (NFP)
49A05-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Adam L. Blake v. State of Indiana (NFP)
49A05-0912-CR-742
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.

Michael Myers v. State of Indiana (NFP)
84A01-1002-CR-82
Criminal. Affirms revocation of probation and rules the trial court did not abuse its discretion by ordering Myers to serve the remaining 4 years of his previously suspended sentence.

Timothy L. King v. State of Indiana (NFP)
49A02-1002-CR-191
Criminal. Affirms trial court ruling that King serve 8 years of his previous sentence in the Department of Correction after revocation of probation and community corrections placement.

Joshua Peter Lindsey v. State of Indiana (NFP)
29A02-1002-CR-318
Criminal. Affirms 35-year sentence for Class A felony attempted murder conviction, 35-year sentence for Class A felony kidnapping conviction, and 12-year sentence for Class B felony attempted escape conviction – all to be served concurrently. Rules trial court’s statement regarding victim was harmless error.

Ronald A. Manley v. State of Indiana (NFP)
29A04-1002-PC-60
Post-conviction. Affirms denial of petition for post-conviction relief.

Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-125
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year sentence Newbry received in a companion case.

Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-126  
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year term Newbry received in a companion case.

Angela M. (Greene) McDonald v. State of Indiana (NFP)
88A01-1004-CR-165
Criminal. Affirms 3-year sentence following guilty plea to Class C felony forgery.

Christine Starbuck v. Vigo County Public Library (NFP)
93A02-1001-EX-67
Civil. Affirms order of full Indiana Worker’s Compensation Board denying Starbuck’s application for adjustment of claim.

Marvin L. Ervin v. State of Indiana (NFP)
49A02-1002-CR-123
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.


Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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