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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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