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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
25S04-1004-CR-219
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
91A05-1003-CR-247
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
03A01-0912-CV-586
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
29A02-0912-CV-1270
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
25A03-1003-CR-155
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
41A04-0912-CR-743
Criminal. Affirms conviction of Class D felony theft.
 
Anthony E. Neukam v. State of Indiana
16A01-1002-CR-50
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.
29A02-1003-CT-283
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)
49A02-1003-CR-306
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
 
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-0906-PC-270
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)
55A01-0912-CV-595
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)
48A02-1002-CR-149
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)
50A03-0911-CV-534
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)
48A02-0902-PC-166
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Karl J. Griffin v. State of Indiana (NFP)
79A04-1002-CR-154
Criminal. Affirms sentence for Class A felony attempted child molesting.

Robert Hrezo, et al. v. City of Lawrenceburg, et al.
15A01-0907-CV-338
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)
49A02-1002-CR-387
Criminal. Affirms convictions of battery and criminal trespass, both as Class A misdemeanors.
 
Craig Britt v. State of Indiana (NFP)
37A04-1001-CR-86
Criminal. Affirms conviction of Class B battery.
 
T.K. v. Indiana Dept. of Workforce Development, Unemployment Insurance Review Board, and Tippecanoe County (NFP)
93A02-1003-EX-404
Civil. Affirms Indiana Department of Workforce Development Unemployment Insurance Review Board’s denial of unemployment benefits.
 
Jennifer Bealmear v. State of Indiana (NFP)
84A01-1003-CR-101
Criminal. Affirms sentence for Class C felony battery by means of a deadly weapon.
 
Calcar Quarries v. Dennis Bledsoe (NFP)
93A02-1004-EX-397
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)
09A05-1001-CR-107
Criminal. Affirms trial court’s revocation of probation.
 
Shawn Davis v. State of Indiana (NFP)
49A05-1002-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
 
Paternity of R.W.B. IV; K.K. v. R.W.B. III (NFP)
78A01-1001-JP-79
Juvenile. Affirms trial court’s judgment granting father’s petition for custody modification.
 
The Osler Institute, Inc. v. Richard C. Miller, et al. (NFP)
84A05-1003-PL-237
Civil. Affirms trial court’s dismissal of Osler’s complaint.

Indiana Tax Court posted no opinions before IL deadline.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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