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Opinions April 20, 2011

April 20, 2011
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Indiana Supreme Court had posted no opinions IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.

Roland Ball v. State of Indiana
06A01-1007-CR-426
Criminal. Reverses conviction of Class D felony sexual battery because there is insufficient evidence of sexual battery, but sufficient evidence of the lesser-included offense of battery. The state failed to prove the element of mental disability or deficiency beyond a reasonable doubt and being asleep does not constitute being mentally disabled or deficient under the statute. Remands to enter judgment for battery as a Class B misdemeanor.

The Adoption of R.S.T.; J.T. v. G.N. (NFP)
71A03-1008-AD-475
Adoption. Affirms order granting stepfather G.N.’s petition for adoption of R.S.T.

Edward P. Barsh v. State of Indiana (NFP)
48A02-1009-CR-1047
Criminal. Affirms revocation of home detention.

LaTrice L. King v. State of Indiana (NFP)
71A05-1007-CR-560
Criminal. Affirms conviction of and sentence for Class B felony criminal confinement.

James Lee-Vaughn White, II v. State of Indiana (NFP)
71A04-1009-CR-586
Criminal. Affirms conviction of Class D felony theft.

Loren Sallee v. State of Indiana (NFP)
31A01-1008-CR-399
Criminal. Affirms convictions of Class A misdemeanor domestic battery, Class D felony domestic battery, and Class A misdemeanor interference with reporting of a crime.

Luis Briones v. State of Indiana (NFP)
71A03-1009-CR-450
Criminal. Affirms convictions of murder, Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

L.R. v. Review Board (NFP)
93A02-1009-EX-1010
Civil. Affirms decision of the review board concluding that L.R. is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.

Jason Morales v. State of Indiana (NFP)
82A04-1005-CR-311
Criminal. Affirms three convictions of Class B felony sexual misconduct with a minor.

Andrew S. Dugger v. State of Indiana (NFP)
48A05-1008-CR-562
Criminal. Affirms convictions of and sentence for Class B felony possession of a dangerous device or material by a prisoner and Class C felony battery.

Napoleon Camarillo v. State of Indiana (NFP)
46A03-1009-CR-553
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Carl Brown v. State of Indiana (NFP)
49A04-1007-CR-448
Criminal. Affirms convictions of Class B felony robbery, Class C felony intimidation, and Class B felony possession of a firearm by a serious violent felon.

Woody E. Sinclair v. State of Indiana (NFP)
02A03-1008-CR-443
Criminal. Affirms conviction of and sentence for Class C felony burglary.

Stroh Landmark, LP, et al. v. Willis Hecht (NFP)
17A03-1011-PL-631
Civil plenary. Reverses denial of Indiana Trial Rule 60(B) motion to set aside default judgment on a real estate transaction issue. Remands for further proceedings.

Term. of Parent-Child Rel. of C.S., et al; K.L. v. I.D.C.S. (NFP)
57A03-1009-JT-464
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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