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Opinions April 24, 2014

April 24, 2014
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Indiana Court of Appeals
Donnetta Newell v. State of Indiana
49A02-1309-CR-744
Criminal. Affirms Class A misdemeanor intimidation conviction. The trial court did not abuse its discretion in admitting evidence of the incident that led to Newell’s eviction and there is sufficient evidence for the finder of fact to conclude that Newell knew her statement to a security guard would be transmitted to the subject of her threat.

Brandon Robey v. State of Indiana
12A02-1306-CR-502
Criminal. Affirms convictions of four counts of Class A felony child molesting and two counts of Class C felony child molesting. The trial court did not abuse its discretion in denying Robey’s motion to correct error on the basis of alleged juror misconduct. Robey failed to establish fundamental error in the admission of alleged vouching testimony or alleged improper remarks by the prosecutor during closing. Robey cannot challenge the factual basis for his habitual offender adjudication on direct appeal because he admitted to being a habitual offender.

Jason Taylor v. State of Indiana
45A03-1310-CR-406
Criminal. Reverses denial of petition for expungement. Determines that the word “shall” in Section 35-38-9-2(d) is mandatory language requiring expungement. And such an interpretation does not render Section 35-38-9-9(d) meaningless because that section applies to other parts of the statute where the trial court does have discretion to deny a petition for expungement. Opinion was originally handed down April 17.

Bryan Swineford v. State of Indiana (NFP)
90A05-1311-CR-568
Criminal. Affirms denial of Swineford’s petition to convert his Class D felony conviction of operating a vehicle with a blood alcohol concentration of 0.08 to a Class A misdemeanor.

Charles K. Corn v. State of Indiana (NFP)
84A01-1304-CR-161
Criminal. Affirms conviction of Class B felony aggravated battery.

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

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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