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Opinions April 19, 2013

April 19, 2013
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Indiana Court of Appeals
Razien McCullough v. State of Indiana
49A02-1210-CR-789
Criminal. Affirms two murder convictions and a 115-year aggregate sentence, holding that the state presented sufficient evidence to disprove McCullough’s claim of self-defense and that the sentence was not inappropriate given the nature of the crimes and McCullough’s character.
 
State of Indiana v. Douglas E. Shipman
59A01-1210-CR-471
Criminal. Reverses and remands the trial court’s grant of a motion to suppress evidence seized during the execution of a search warrant at Shipman’s home, holding that the search warrant was supported by probable cause based on a tip from a juvenile burglary suspect who had witnessed large quantities of marijuana in Shipman’s home.

Gregory Garrett v. State of Indiana (NFP)
49A02-1208-CR-666
Criminal. Affirms Garrett’s conviction for Class A misdemeanor battery.

Eddie Hargrow v. State of Indiana (NFP)
48A02-1208-CR-697
Criminal. Affirms sentencing Hargrow to the maximum of 65 years for murder. Ruled the trial court did not abuse its discretion in sentencing Hargrow and that the sentence was not inappropriate in light of the nature of his offense and character.

David Smigielski v. State of Indiana (NFP)
71A05-1209-CR-492
Criminal. Affirms conviction for operating a motor vehicle while intoxicated, a Class C misdemeanor, and for operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a Class D felony.

Michael Warren v. State of Indiana (NFP)

18A02-1210-CR-870
Criminal. Dismissed for lack of subject matter jurisdiction. Ruled the trial court erred when it granted Warren leave to file a belated notice of appeal of the probation revocation order.

Philip M. Reed v. State of Indiana (NFP)
32A05-1208-CR-426
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges are forfeited for life. Found trial counsel provided effective assistance.

Darius Washington v. Indiana Department of Correction (NFP)
52A02-1204-SC-796
Small Claim. Affirms judgment for the Indiana Department of Correction after Washington filed a notice of claim regarding the loss of her property. Found the trial court did not err by entering judgment in favor of the DOC or by denying Washington’s motion to transport.

Kenneth Schaefer v. State of Indiana (NFP)
49A02-1206-CR-468
Criminal. Affirms convictions of murder and Class C felony battery. Found the trial court did not abuse its discretion by refusing to give Schaefer’s tendered instruction to the jury regarding voluntary manslaughter and sudden heat. Also ruled Schaefer’s sentence to an aggregate of 60 years is not inappropriate in light of the nature of the offenses and his character.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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