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Opinions Dec. 21, 2012

December 21, 2012
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Indiana Court of Appeals
Steven E. Malloch v. State of Indiana
17A03-1201-CR-37
Criminal. Affirms conviction of Class A felony child molesting for an incident involving his stepdaughter. There was no prosecutorial misconduct and the trial court did not err by admitting Malloch’s apology letter to C.P. Although Malloch did not receive a perfect trial, the appellate judges are confident he received a fair trial.

Kenneth S. Tipton v. State of Indiana
47A01-1201-CR-4
Criminal. Affirms conviction of Class C felony criminal recklessness. Believes someone shooting a gun at a residence may, for purposes of a criminal recklessness prosecution, create a substantial risk of bodily injury to another person even if the resident is away from home at the moment of the shooting.

Patrick Austin v. State of Indiana
20A03-1112-CR-588
Criminal. Affirms conviction of and sentence for two counts of Class A felony possession of cocaine. The trial court did not abuse its discretion in continuing Austin’s trial. Sentence is not inappropriate as Austin was caught transporting cocaine worth over four million dollars, and he had a prior felony conviction and two firearms-related arrests, and had previously been found with one million dollars in cash, which police seized.

Charles D. Stutz v. State of Indiana (NFP)
32A04-1205-CR-255
Criminal. Affirms convictions of Class D felonies resisting law enforcement and intimidation.

Michael R. Anderson, Jr. v. State of Indiana (NFP)
71A04-1204-CR-220
Criminal. Affirms convictions of Class C misdemeanor operating a motor vehicle while never having received a driver’s license, Class A misdemeanor possession of marijuana and possession of marijuana as a Class D felony.

Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)
02A03-1204-JT-173
Juvenile. Affirms involuntary termination of parental rights.

Joseph Lamar Johnson v. State of Indiana (NFP)
18A04-1206-CR-316
Criminal. Affirms sentence following conviction of Class D felony possession of marijuana after a jury found Johnson guilty of Class A misdemeanor possession of marijuana and found he had previously been convicted of possession of marijuana.

Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Grants rehearing and reverses previous decision. Now affirms the revocation of McCullough’s probation.
 

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  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

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  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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