Indiana Supreme Court
The following opinion was released after IL deadline Thursday.
Carlin Iltzsch v. State of Indiana
Criminal. Reverses Court of Appeals order vacating a judgment of restitution against a criminal defendant, holding that such orders may be reviewed by the court and remanded for rehearing when evidence is insufficient to support the order.
Indiana Court of Appeals
David Delagrange v. State of Indiana
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.
Robertson Fowler v. State of Indiana
Criminal. Affirms on rehearing earlier denial of post-conviction relief for Robertson Fowler sentenced to a maximum of 35 years in prison for his conviction of possession of a firearm by a serious violent felon with an enhancement as a habitual offender. Because Fowler received the benefit of charges against him being dropped when he pleaded guilty, his conviction was not in conflict with the Indiana Supreme Court’s subsequent ruling in Mills v. State, 868 N.E.2d 446, 450 (Ind. 2007) or a differing Court of Appeals ruling, Dugan v. State, 976 N.E.2d 1248, 1249.
Juvenile. Affirms termination of a juvenile father’s parental rights, holding that his due process rights were not violated when the trial court did not appoint a guardian ad litem for him.
David McCombs v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.
Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
Juvenile. Affirms termination of parental rights.
Dale D. Engle v. State of Indiana (NFP)
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.
Charles Kingery v. State of Indiana (NFP)
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.
Ricky J. Thurston v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.
D.J. v. State of Indiana (NFP)
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Paul Hoffert, Jr. v. State of Indiana (NFP)
Criminal. Affirms revocation of placement in work release.
Kip Hurt v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.