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Opinions Sept. 6, 2011

September 6, 2011
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7th Circuit Court of Appeals
Jeffrey William Paul v. Helen J. Marberry, et al.
10-3670
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses District Court’s denial of Paul’s motion to be allowed to proceed in forma pauperis on the grounds that he had three strikes and remands for further proceedings. Since most prisoners litigate their civil claims pro se, they should not be required to speculate on the grounds the judge could or even should have based the dismissal on. Classifying a strike depends on the grounds given for it.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In Re: The Order of Contempt Against Craig Benson, Martinsville Depot, Inc., and SBS Enterprises, Inc. v. Co-Alliance, LLP
55A04-1010-CC-646
Civil collection. Affirms order finding Benson in contempt. Any error in the verification process of the contempt motion did not affect Benson’s substantial rights. The trial court also had jurisdiction to order him to pay $75,000 to the Morgan County Clerk.  

Clarence T. Hawkins James v. State of Indiana

20A05-1101-CR-61
Criminal. Affirms convictions of Class B felony conspiracy to commit armed robbery, Class B felony burglary, and Class C felony robbery while armed with a deadly weapon. The charges against James were not only alleged as separate and distinct acts; the charges as alleged were proved by separate and distinct evidentiary facts. There is no reasonable possibility the jury relied on the same evidentiary facts to find him guilty of conspiracy to commit armed robbery and robbery while armed with a deadly weapon. The trial court did not err in instructing the jury.

L.R. v. State of Indiana (NFP)
49A05-1101-JV-25
Juvenile. Affirms denial of motion to vacate and set aside juvenile delinquency adjudications.

Keland L. Brown v. State of Indiana (NFP)

34A02-1010-MI-1145
Miscellaneous. Reverses denial of motion to set aside default judgment and remands for the trial court to vacate the entry of default judgment and for further proceedings.

Torin Herbert v. State of Indiana (NFP)

79A02-1010-PC-1080
Post conviction. Affirms denial of petition for post-conviction relief.

Keytron W. Johnson v. Sate of Indiana (NFP)

02A04-1101-PC-45
Post conviction. Affirms denial of motion to correct erroneous sentence.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court has granted three transfers and denied 28 for the week ending Sept. 2.

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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