ILNews

Opinions Sept. 30, 2010

September 30, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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!

  2. 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.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT