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Opinions April 18, 2011

April 18, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James Stewart v. State of Indiana
49A04-1001-CR-48
Criminal. Vacates Class C felony robbery conviction and corresponding four-year sentence because Stewart’s convictions for both felony murder and the underlying felony of robbery violate the prohibitions of double jeopardy. Finds there was sufficient evidence to support Stewart’s convictions of seven counts of felony murder, six counts of criminal confinement as Class B felonies, Class B felony burglary, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender. The trial court did not abuse its discretion in excluding certain hearsay statements or by admitting certain photographs, and Stewart isn’t entitled to the procedural protections of the Life Without Parole Statute. Judge Bradford concurs in part and concurs in result in part.

Gregory E. Staten v. State of Indiana
87A04-1005-CR-393
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. The trial court properly admitted Staten’s blood alcohol test results and the state presented sufficient evidence to support his conviction beyond a reasonable doubt. Vacates finding that he committed the Class C traffic infraction by failing to obey a stop sign and the related $5 fine. Judge Crone concurs in part and dissents in part.

Marlan Bonds v. State of Indiana (NFP)
20A04-1005-PC-315
Post conviction. Affirms denial of petition for post-conviction relief.

Tommy L. Borders v. State of Indiana (NFP)
11A05-1001-CR-203
Criminal. Affirms convictions of and 45-year sentence for Class A felony possession of methamphetamine, Class C felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of marijuana and possession of paraphernalia.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied eight for the week ending April 15.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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