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Opinions Jan. 23, 2014

January 23, 2014
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Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.

Chubb Custom Insurance Company, et al. v. Standard Fusee Corporation
49A02-1301-PL-91
Civil plenary. Reverses summary judgment and award of defense costs in favor of Standard Fusee Corp. Concludes that the total pollution exclusion clause in Chubb Custom’s comprehensive general liability insurance policies is applicable to Standard Fusee’s liability for the release of perchlorate and therefore its duty to defend and indemnify is not triggered.

Johnathon R. Aslinger v. State of Indiana
35A02-1303-CR-296
Criminal. The trial court erred in admitting the evidence seized in violation of Aslinger’s Fourth Amendment rights and in imposing consecutive habitual substance offender sentence enhancements. Reverses convictions of possession of methamphetamine and paraphernalia and remands in Case No. 127. Instructs the trial court order the HSO enhancements be served concurrently. Concludes that, in Case No. 152, the trial court did not err in excluding Aslinger’s jury instruction, and his sentence for dealing methamphetamine is not inappropriate in light of the nature of the offense and character of the offender. Judge Robb concurs in separate opinion.

State of Indiana v. DeAngelo Banks
49A02-1303-CR-235
Criminal. Affirms grant of Banks’ motion to suppress his confession of murder. The record reveals that the detective’s advisement did not inform Banks that he had the right to have counsel present during the questioning at issue and thus failed to properly advise Banks of his Miranda rights. The trial court considered the evidence presented of Banks’ mental illness, heard his own testimony, and came to the conclusion that his statement was not voluntary. There is substantial evidence supporting the trial court’s conclusion.

Dexter Hawkins v. State of Indiana (NFP)
49A04-1305-CR-233
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

In the Matter of the Termination of the Parent-Child Relationship of: R.A.B. (Minor Child) and Z.T.B. (Mother) & R.W.B. (Father) v. The Indiana Department of Child Services (NFP)

02A03-1306-JT-234
Juvenile. Affirms termination of parental rights.

Tyrone Shelton v. State of Indiana (NFP)
71A04-1308-CR-387
Criminal. Affirms conviction of Class B felony serious violent felon in possession of a firearm.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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