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Opinions April 23, 2014

April 23, 2014
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Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
34A04-1303-CR-138
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.  

Charla P. Richard v. State of Indiana
50A03-1307-CR-297
Criminal. Affirms conviction of Class D felony possession of methamphetamine. Richard’s arrest and the subsequent search of the vehicle she was riding in did not violate the Fourth Amendment or Article I, Section 11 of the Indiana Constitution.

Co-Alliance, LLP v. Monticello Farm Service, Inc.
91A05-1312-PL-607
Civil plenary. Affirms the trial court’s determination that the subordination agreement between Monticello Farm Service and First Farmers Bank & Trust gave Monticello first claim on the remaining $181,000 in 2010 crop proceeds. Concludes Indiana should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets. Recognizing such agreements is consistent with the Uniform Commercial Code and Indiana common law.

In re the Marriage of: Jose de Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez, Maria Guadalupe Vidrios Zepeda f/k/a Maria Guadalupe Carrillo Perez v. Jose de Jesus Carrillo Perez
02A05-1305-DR-256
Domestic relation. Affirms awarding Maria Guadalupe Carrillo Perez the equivalent of 2.5 percent of ex-husband Jose de Jesus Carrillo Perez’s lottery winnings. Because the language of her ex-husband’s admission did not preclude the trial court from awarding Maria only 2.5 percent of his lottery proceeds and Maria fails to overcome the strong presumption that the trial court considered and complied with the applicable statute, the trial court did not abuse its discretion.

Dustin E. McCowan v. State of Indiana (NFP)
64A03-1305-CR-189
Criminal. Affirms felony murder conviction.

Timothy Robertson v. State of Indiana (NFP)
27A02-1307-PC-646
Post conviction. Affirms denial of petition for post-conviction relief.

Vincent Smith v. State of Indiana (NFP)
49A04-1309-CR-443
Criminal. Affirms conviction of Class D felony criminal recklessness.

Nicole Snodgrass v. State of Indiana (NFP)
83A01-1308-CR-370
Criminal. Affirms sentence for two counts of Class B felony dealing in a Schedule II controlled substance and three counts of Class D felony theft.

Dalvinder Singh v. State of Indiana (NFP)
49A05-1306-CR-313
Criminal. Affirms conviction of Class D felony sexual battery.

Nestor Canenguez-Ramirez v. State of Indiana (NFP)
20A04-1307-PC-371
Post conviction. Affirms denial of petition for post-conviction relief.

Raymond Cantu v. State of Indiana (NFP)
20A03-1301-CR-8
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class A felony attempted child molesting.

Joseph Pennington v. State of Indiana (NFP)
05A02-1309-CR-823
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor.

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. 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.

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