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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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