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Opinions Aug. 21, 2014

August 21, 2014
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Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal.  Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al.
93A02-1310-EX-835
Agency action.  Affirms an order of the Indiana Utility Regulatory Commission approving Duke Energy’s request to include power plant construction costs incurred April – September 2012 in a rate adjustment rider, in implementation of a settlement agreement between Duke, the Indiana Office of the Utility Consumer Counselor and other entities. The interveners have not demonstrated that the commission acted contrary to law by approving the order.

Darryll Beamon v. State of Indiana (NFP)
49A05-1312-CR-632
Criminal. Reverses conviction of Class D felony theft and remands for resentencing on Beamon’s conviction of resisting law enforcement.

Latorrea D. Ware v. State of Indiana (NFP)
20A03-1401-CR-18
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

John Naylor v. State of Indiana (NFP)
31A01-1301-PC-4
Post conviction. Affirms denial of pro se petition for post-conviction relief.

Antonio D. Rose v. State of Indiana (NFP)
45A03-1312-PC-478
Post conviction. Affirms denial of petition for post-conviction relief.

Kurnie Nickson v. State of Indiana (NFP)
48A02-1307-CR-658
Criminal. Affirms convictions of two counts of battery – one as a Class C felony for being committed by means of a deadly weapon and one as a Class A misdemeanor for resulting in serious bodily injury. Reverses sentence because it is inappropriate and remands for resentencing.

Darryl J. Goodwin v. State of Indiana (NFP)
18A05-1309-CR-468
Criminal. Affirms conviction and sentence for two Class C felony counts of stalking and Class D felony residential entry.

Leonard Abshier, III v. State of Indiana (NFP)
82A05-1401-CR-19
Criminal. Affirms revocation of probation.

Megan Renea Mecum v. State of Indiana (NFP)
82A04-1401-CR-4
Criminal.  Affirms convictions of murder, Class D felony theft, Class A misdemeanor invasion of privacy and Class C felony conspiracy to commit robbery.

David Jones v. State of Indiana (NFP)
49A02-1312-CR-1032
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

John Watson v. State of Indiana (NFP)
49A02-1312-CR-1025
Criminal. Affirms murder conviction.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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