Opinions June 16, 2010

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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
M.T.
v. State of Indiana

49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence
of the probation violations it alleged and the state violated M.T.’s due process rights.

Jason
G. Ertel v. State of Indiana

29A02-0908-CR-824
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse
its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable
suspicion to conduct an investigatory stop.


John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club

82A01-0910-CV-510
Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s
use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether
the deadmen installed on the landowners’ property are a nuisance or a trespass.

Paternity
of R.M.; N.C. v. K.M. (NFP)

02A03-1001-JP-21
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule
76(B).


David Mazhandu v. State of Indiana (NFP)

49A02-0909-CR-890
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

James
D. Boyd v. State of Indiana (NFP)

90A04-1001-CR-30
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40
years in prison.

Rocky
D. Beavers Jr. v. State of Indiana (NFP)

79A02-1002-CR-96
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.

Herman
F. Filice v. State of Indiana (NFP)

49A02-0911-CR-1109
Criminal. Affirms denial of motion to “remove sexually violent predator status.”

J.M.
Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)

20A03-0910-JV-480
Juvenile. Affirms finding that J.M. is a child in need of services.


Michael R. Pollard, Jr. v. State of Indiana (NFP)

45A05-0910-CR-594
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.


Rickey D. Gosha v. State of Indiana (NFP)

48A02-0910-CR-1006
Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.

Lorenzo
Borders v. City of Elkhart, Ind., et al. (NFP)

20A03-0907-CV-346
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in
favor of the City of Elkhart, et al.

George
Cox, et al. v. Honorable Roger D. Davis (NFP)

31A01-0912-CV-571
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.

Jason
Wells v. State of Indiana (NFP)

49A02-1004-CR-377
Criminal. Affirms conviction of Class C felony child molesting.

James
A. Barber v. State of Indiana (NFP)

29A02-0909-CR-916
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of
sexual misconduct with a minor as Class B felonies.

Larry
Andrew Anderson v. State of Indiana (NFP)

82A04-0911-CR-656
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony
possession of a legend drug.

Indiana Tax Court had posted no opinions at IL deadline.

 

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