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Opinions April 28, 2014

April 28, 2014
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Indiana Court of Appeals
John M. Weidman v. State of Indiana
03A01-1306-CR-255
Criminal. Affirms 14-year sentence following guilty pleas in two separate causes. Weidman specifically agreed in his plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of his release on bond. Accordingly, he may not now claim that he was entitled to credit for the time he was on electronic monitoring.

Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1304-CR-366
Criminal. Affirms denial of motion for relief from judgment and motion to correct error.

Benjamin E. Freed v. State of Indiana (NFP)
63A04-1309-CR-458
Criminal. Affirms convictions and 45-year sentence for Class A felony attempted child molesting and Class C felony child molesting.

Richard L. Jones v. State of Indiana (NFP)
49A05-1308-CR-423
Criminal. Affirms conviction of Class B felony burglary.  

Trent D. Pope v. State of Indiana (NFP)

89A05-1307-CR-366
Criminal. Affirms conviction of Class B felony robbery and adjudication as a habitual offender.

Blake J. Drapeau v. State of Indiana (NFP)
82A01-1310-CR-466
Criminal. Affirms conviction of Class D felony residential entry.

John W. Dozier v. State of Indiana (NFP)
34A05-1311-CR-539
Criminal. Affirms revocation of probation and order Dozier serve his previously suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child), and A.C.C. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1309-JT-496
Juvenile. Affirms termination of parental rights.  http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/april/04281406jsk.pdf

In the Matter of the Termination of the Parent-Child Relationship of D.S. and G.S., minor children, and A.C., Mother, A.C. v. Indiana Department of Child Services (NFP)
49A02-1309-JT-803
Juvenile. Affirms order terminating parental rights.

Carl R. Evanoff v. State of Indiana (NFP)
17A04-1309-CR-445
Criminal. Affirms 15-year sentence following guilty plea to Class B felony conspiracy to manufacture methamphetamine.

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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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