Opinions Sept. 30, 2010

September 30, 2010
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The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court

James A. Carr v. State of Indiana
Criminal. Reverses conviction of murder and remands for a new trial. Carr’s custodial statements, taken by police in disregard of his invocation of his right to counsel, were erroneously admitted and that error wasn’t harmless beyond a reasonable doubt.

Today’s opinions
Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
State of Indiana v. James G. Lucas
Criminal. Reverses and remands Lucas’s motion to suppress results from a Datamaster chemical breath test in jail, following two failed portable breath tests in the field. Rules a portable breath test mouthpiece is not a foreign substance that will act to invalidate the results of a Datamaster.

In Re: The General Power of Attorney of Xenia S. Miller, et al. v. William Irwin Miller and Sarla Kalsi
Civil. Affirms the trial court in most of its findings: that it properly accepted the accountings, released the attorneys-in-fact from all liability, and declined Hugh Miller’s attorney-fee request. Concludes the attorneys-in-fact are not entitled to their attorney fees, and reverses the judgment to that extent only.
Cincinnati Insurance Co. v. Anita G. Adkins and Wayne Adkins
Civil. Reverses trial court’s grant of summary judgment for Anita and Wayne Adkins. Cincinnati argues the trial court erred in determining Adkins did not breach the terms of her insurance policy when she settled with a tortfeasor without notice to or consent of Cincinnati.
Joshua Konopasek v. State of Indiana
Criminal. Affirms conviction of battery causing serious bodily injury, a Class C felony. Rules that while evidence about Konopasek’s criminal record should not have been admitted, any error was harmless, and the state’s evidence was sufficient to prove battery and disprove Konopasek’s claim of self-defense.
William Long v. State of Indiana
Criminal. Affirms conviction of Class D felony theft.
Anthony E. Neukam v. State of Indiana
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class D felony criminal mischief. Rules witness’s pre-trial identification of Neukam was not impermissibly suggestive and that there was sufficient evidence to support the convictions.

Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John’s U.S.A., Inc.
Civil. Reverses and remands trial court’s denial of appellants‘ motion for relief from judgment. Concludes that the injustice suffered by appellants far outweighs any interests that appellees and society might have in the finality of litigation.
Leon Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
Post-conviction. Reverses and remands denial of post-conviction motion to set aside guilty plea to Class D felony possession of cocaine on grounds that the plea was involuntary and that he was denied the effective assistance of counsel.
Joseph M. Shortridge v. Alice Shortridge (NFP)
Civil. Affirms ex parte protective order Alice Shortridge obtained while Alice and Joseph Shortridge were in the process of dissolving their marriage.
Chad Delphia v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and trial court’s decision to terminate Delphia’s in-house detention.
Bonnie Elaine Rock v. Easterday Construction Co., Inc. (NFP)
Civil. Affirms judgment awarding damages to Easterday Construction Co., Inc. and trial court’s determination that a contract existed between the parties.
Marc Stults v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Karl J. Griffin v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony attempted child molesting.

Robert Hrezo, et al. v. City of Lawrenceburg, et al.
Civil. Affirms trial court’s grant of the city’s motion for summary judgment on Hrezo’s breach-of-contract claim, and reverses the trial court’s denial of the city’s motion for summary judgment on Hrezo’s promissory estoppel claim.
Carmelita Woods v. State of Indiana (NFP)
Criminal. Affirms convictions of battery and criminal trespass, both as Class A misdemeanors.
Craig Britt v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B battery.
T.K. v. Indiana Dept. of Workforce Development, Unemployment Insurance Review Board, and Tippecanoe County (NFP)
Civil. Affirms Indiana Department of Workforce Development Unemployment Insurance Review Board’s denial of unemployment benefits.
Jennifer Bealmear v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony battery by means of a deadly weapon.
Calcar Quarries v. Dennis Bledsoe (NFP)
Civil. Affirms decision of the Worker’s Compensation Board to award Bledsoe worker’s compensation benefits and remands because Bledsoe is entitled only to the statutory 5 percent increase in his award.
Jacobo Sanchez-Venegas v. State of Indiana (NFP)
Criminal. Affirms trial court’s revocation of probation.
Shawn Davis v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Paternity of R.W.B. IV; K.K. v. R.W.B. III (NFP)
Juvenile. Affirms trial court’s judgment granting father’s petition for custody modification.
The Osler Institute, Inc. v. Richard C. Miller, et al. (NFP)
Civil. Affirms trial court’s dismissal of Osler’s complaint.

Indiana Tax Court posted no opinions before IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.