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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. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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