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Opinions April 23, 2014

April 23, 2014
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Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
34A04-1303-CR-138
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.  

Charla P. Richard v. State of Indiana
50A03-1307-CR-297
Criminal. Affirms conviction of Class D felony possession of methamphetamine. Richard’s arrest and the subsequent search of the vehicle she was riding in did not violate the Fourth Amendment or Article I, Section 11 of the Indiana Constitution.

Co-Alliance, LLP v. Monticello Farm Service, Inc.
91A05-1312-PL-607
Civil plenary. Affirms the trial court’s determination that the subordination agreement between Monticello Farm Service and First Farmers Bank & Trust gave Monticello first claim on the remaining $181,000 in 2010 crop proceeds. Concludes Indiana should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets. Recognizing such agreements is consistent with the Uniform Commercial Code and Indiana common law.

In re the Marriage of: Jose de Jesus Carrillo Perez and Maria Guadalupe Carrillo Perez, Maria Guadalupe Vidrios Zepeda f/k/a Maria Guadalupe Carrillo Perez v. Jose de Jesus Carrillo Perez
02A05-1305-DR-256
Domestic relation. Affirms awarding Maria Guadalupe Carrillo Perez the equivalent of 2.5 percent of ex-husband Jose de Jesus Carrillo Perez’s lottery winnings. Because the language of her ex-husband’s admission did not preclude the trial court from awarding Maria only 2.5 percent of his lottery proceeds and Maria fails to overcome the strong presumption that the trial court considered and complied with the applicable statute, the trial court did not abuse its discretion.

Dustin E. McCowan v. State of Indiana (NFP)
64A03-1305-CR-189
Criminal. Affirms felony murder conviction.

Timothy Robertson v. State of Indiana (NFP)
27A02-1307-PC-646
Post conviction. Affirms denial of petition for post-conviction relief.

Vincent Smith v. State of Indiana (NFP)
49A04-1309-CR-443
Criminal. Affirms conviction of Class D felony criminal recklessness.

Nicole Snodgrass v. State of Indiana (NFP)
83A01-1308-CR-370
Criminal. Affirms sentence for two counts of Class B felony dealing in a Schedule II controlled substance and three counts of Class D felony theft.

Dalvinder Singh v. State of Indiana (NFP)
49A05-1306-CR-313
Criminal. Affirms conviction of Class D felony sexual battery.

Nestor Canenguez-Ramirez v. State of Indiana (NFP)
20A04-1307-PC-371
Post conviction. Affirms denial of petition for post-conviction relief.

Raymond Cantu v. State of Indiana (NFP)
20A03-1301-CR-8
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class A felony attempted child molesting.

Joseph Pennington v. State of Indiana (NFP)
05A02-1309-CR-823
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

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  1. 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.

  2. 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!!

  3. @ 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.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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