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Opinions April 24, 2013

April 24, 2013
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Indiana Court of Appeals
Joshua McCaine Pillow v. State of Indiana
71A04-1206-CR-325
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges had been forfeited for life. There was sufficient evidence Pillow operated a motor vehicle and his driving privileges had been forfeited for life, which is all the state is obliged to prove under I.C. 9-30-10-17.

State of Indiana v. Darrell Keck
67A01-1208-CR-362
Criminal. Affirms suppression of evidence arising from traffic stop that led to misdemeanor drunken-driving charges. The state did not have reasonable suspicion to stop Keck, who was driving left of center because of poor road conditions.

Ryan Shelby v. State of Indiana

87A01-1207-CR-313
Criminal.  Affirms convictions of murder, Class D felony obstruction of justice and two counts of Class A misdemeanor false informing. The trial court’s February 2, 2010, order regarding Shelby’s access to the crime scene was entirely reasonable. The manner in which the trial court instructed the jury did not contribute to any cumulative error. Affirms in all other respects.

Dennis Barnett v. State of Indiana (NFP)
49A02-1207-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Pollack v. State of Indiana (NFP)

84A04-1207-CR-374
Criminal. Affirms probation revocation and order that Pollack serve 464 previously suspended days.

In Re the Marriage of: Lisa C. Medley v. Frederick A. Medley (NFP)
49A04-1205-DR-223
Domestic relation. Affirms finding of contempt against the mother based on her interference with the father’s parenting time, and affirms the determination of father’s child support obligation. Reverses finding that mother was in contempt for claiming children as dependent exemptions on taxes. Remands for further proceedings.

Robert L. Johnson, Barbara Johnson, Peace Building Communities, The Professional Groups of the Millennium, LTD., and God's New Covenant Church v. Peace Baptist Church, Inc. (NFP)
45A03-1206-CT-285
Civil tort. Affirms order in favor of Peace Baptist Church, finding Robert and Barbara Johnson liable of conversion. Remands for a determination on Robert Johnson’s counterclaim for malicious prosecution.

Inner Circle Properties, LLC v. Jeffrey Beeks (NFP)

35A02-1210-SC-885
Small claim. Reverses denial of Inner Circle’s claim for $250 in attorney or collection fees and remands with instructions.

Wanda Strickler v. State of Indiana (NFP)
48A04-1208-CR-408
Criminal. Affirms sentence for Class C felony trafficking with an inmate.

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