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Opinions Aug. 29, 2014

August 29, 2014
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Indiana Court of Appeals
C.H. v. State of Indiana
49A02-1310-JV-904
Juvenile. Affirms officer’s stop of C.H. because he was believed to be a suspect in a crime and the order of restitution because C.H. never objected to the order he pay restitution. Reverses adjudication of what would be Class B misdemeanor unlawful entry of a motor vehicle because the same evidence was used to adjudicate C.H. of that charge and what would be Class A misdemeanor trespass. Remands for further proceedings.

Ronald DeWayne Thompson v. State of Indiana
45A03-1401-CR-8
Criminal. Reverses convictions of Class A felony rape and Class B felony criminal deviate conduct because the trial court erred when it admitted evidence Thompson was a suspect in another sexual assault case. That evidence was inadmissible under Evidence Rule 404(b) and was prejudicial. Remands for a new trial.

Thomas D. Dillman v. State of Indiana
53A05-1306-CR-274
Criminal. Affirms denial of motion for the trial court to release Dillman’s cash bond. The state concedes that the trial court was not statutorily authorized to retain his cash bond, but the trial court did not abuse its discretion because Dillman waived his argument, and the error was not fundamental.

David Hooker v. Shari Hooker
82A04-1311-DR-592
Domestic relation. Affirms modification of David Hooker’s child support obligation. The trial court did not abuse its discretion by reducing his child support payment nor did it violate his due process rights.

Julianna Eagan, formerly Julianna Paciorkowski v. Christopher Paciorkowski (NFP)
20A03-1312-DR-493
Domestic relation. Affirms determination that daughter J.P. repudiated her relationship with her father so he was no longer obligated to pay her educational expenses.

Julius J. Rice v. State of Indiana (NFP)
49A05-1311-CR-552
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony criminal recklessness and Class A misdemeanor battery.

John Palatas v. State of Indiana (NFP)
89A05-1403-CR-134
Criminal. Affirms aggregate 45-year sentence following guilty plea to several drug charges.

Calvin Turner v. State of Indiana (NFP)
48A04-1403-CR-96
Criminal. Affirms three-year aggregate sentence imposed for convictions of two counts of Class D felony theft.

Kalan Murphy v. State of Indiana (NFP)
71A03-1311-CR-433
Criminal. Affirms conviction of Class C felony battery with a deadly weapon.

Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-PC-270
Post conviction. Affirms denial of motion to correct error.

Herman Gehl, II v. State of Indiana (NFP)
59A01-1401-PC-12
Post conviction. Affirms denial of petition for post-conviction relief.

Colby R. McKnelly v. State of Indiana (NFP)
30A05-1307-CR-378
Criminal. Affirms convictions and sentence for murder and Class C felony battery with a deadly weapon. Remands to correct an error in the abstract of judgment.

Charles E. Justise, Sr. v. Indiana Department of Correction (NFP)
49A05-1309-PL-462
Civil plenary. Affirms dismissal of complaint for failure to pay filing fees.

Quenton D. Davis v. State of Indiana (NFP)
02A05-1401-CR-28
Criminal. Affirms conviction of Class D felony domestic battery.

Jeffrey Elkins v. State of Indiana (NFP)
28A01-1404-CR-166
Criminal. Affirms sentence following guilty plea to Class D felony attempted theft.

Johnnylee Sims v. State of Indiana (NFP)
71A05-1403-CR-98
Criminal. Affirms conviction of Class C felony burglary.
 

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  1. 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).

  2. 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.

  3. 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.

  4. 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!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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