ILNews

Opinions Feb. 8, 2013

February 8, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Billy Russell v. State of Indiana
49A04-1203-CR-148
Criminal. Affirms conviction and sentence on charges of murder and Class B felony possession of a firearm by a serious violent felon. The panel found that the trial court did not abuse its discretion in refusing to completely bifurcate the trial of the SVF charge from the murder charge or in refusing to tender Russell’s self-defense jury instruction. The court also determined the 85-year sentence was not inappropriate.

Hiawathia Hunt v. State of Indiana

49A04-1207-CR-371
Criminal. Affirms 545-day sentence, 270 executed, on a conviction of Class D felony theft following a bench trial, holding that a sentence in which the judge offered possible leniency in time served in exchange for restitution to the victim was not error because the sentence was not conditioned upon restitution but rather offered possible modification if restitution was paid.

Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)

48A02-1203-ES-223
Estate, supervised. Affirms the trial court’s denial of the Estate’s petition to recover assets. Ruled the trial court properly found that the presumption of undue influence does not apply and properly found the Estate failed to prove that the statutory presumption for survivorship rights was overcome.

Louis Townsend v. State of Indiana (NFP)
48A04-1207-PC-389
Post conviction. Affirms trial court’s denial of Townsend’s petition for relief. Found the post-conviction court did not err when it concluded that Townsend did not receive ineffective assistance of trial and appellate counsel and when it concluded Townsend was not entitled to post-conviction relief on the basis of newly-discovered evidence.

The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.



 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT