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. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.