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Opinions April 30, 2012

April 30, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

D.A. v. State of Indiana
49A02-1108-JV-692
Juvenile. Affirms juvenile court’s decision to order inpatient treatment for D.A. who entered into a plea agreement admitting to Class B misdemeanor battery if committed by an adult and “conditionally” agreed to admit to Class C felony child molesting, if committed by an adult. D.A.’s placement is consistent with the goals for his rehabilitation. The appellate judges do not have jurisdiction to resolve the issue of whether the trial court erred in accepting his conditional plea to the child molesting charge because there was no evidence of D.A.’s intent with regard to the molesting. The conditional plea is the equivalent to a withheld judgment so there is no final judgment or appealable final order from which to appeal.

Daniel P. Millikan v. Lori A. Eifrid
92A03-1109-PL-433
Civil plenary. Affirms trial court properly determined that Eifrid was the bona fide and innocent purchaser for value of a parcel of property when applying the doctrine of equitable subrogation. The trial court erred in ordering Millikan to pay Eifrid’s attorney fees because the court didn’t determine that Millikan had committed fraud that would entitle Eifried to recover those fees. Remands with instructions to vacate the award of attorney fees.

Dontevius Hutcherson v. State of Indiana
45A03-1109-CR-420
Criminal. Affirms convictions, including murder, attempted murder and robbery. Finds Hutcherson was afforded the opportunity to meet and question Lee face-to-face and therefore was not deprived of his right of confrontation under the state or federal constitutions. Due to the cumulative nature of evidence contained in Victor Lee’s prior statement, Hutcherson was not prejudiced when it was read aloud to the jury because Lee was illiterate.

Jason Jeffries v. State of Indiana
87A01-1102-CR-128
Criminal. Affirms the trial court properly denied Jeffries’ motion to set aside his guilty plea. The confusion regarding application of the habitual offender count to one cause and not the other does not rise to the level of a manifest injustice. His ineffective assistance of trial counsel claim also fails.

Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc.
32A01-1109-CC-429
Civil collection. Reverses denial of the chamber’s motion for summary judgment on Duncan’s breach of contract claim and remands with instructions. The most Duncan was entitled to in the event of a breach of contract by the chamber of the notice requirement was 30 days compensation, and the designated evidence does not create a genuine question regarding damages. Adopts the majority rule that “the summary discharge of an employee entitled under the employment contract to a specified period of notice ordinarily permits him to recover his compensation for the notice period only and not for the entire balance of the contract period.”

Jasper A. Wisdom v. State of Indiana (NFP)
82A01-1108-CR-380
Criminal. Remands for an inquiry into Wisdom’s ability to pay the $1,600 in restitution and, if appropriate, for adjustment of the restitution amount based on that factor.

State of Indiana v. Blake Lodde (NFP)
79A02-1111-CR-1067
Criminal. Reverses order granting Lodde’s motion to suppress evidence gathered during and after an investigatory stop of his vehicle. Remands with instructions.

Louis Amalfitano v. State of Indiana (NFP)
48A04-1108-CR-446
Criminal. Affirms convictions, including Class B felony criminal confinement, Class C felony battery resulting in serious bodily injury, and Class D felony exploitation of an endangered adult.

Brett A. Head-Mattingly v. State of Indiana (NFP)
82A05-1103-CR-127
Criminal. Affirms conviction of Class B felonies attempted burglary and burglary, and Class D felony theft.

Michael E. Kirk v. State of Indiana (NFP)
49A04-1111-PC-609
Post conviction. Affirms denial of petition for post-conviction relief.

Nancy A. Regula, as Administrator of the Estate of Daniel G. Young, Deceased v. HPG Corp., doing business as Cohen Brothers Metals Co. and Integrity Metals (NFP)
89A01-1109-CT-402
Civil tort. Affirms summary judgment in favor of HPG Corp. on a negligence claim.

J.M. v. State of Indiana (NFP)
18A02-1109-JV-817
Juvenile. Affirms adjudication for what would be Class B felony child molesting if committed by an adult.

C.F. v. M.R. (NFP)
30A01-1110-DR-467
Domestic relation. Affirms order granting M.R.’s motion to modify custody.

Rodney D. Craft v. State of Indiana (NFP)
66A03-1104-CR-145
Criminal. Affirms convictions of Class D felonies possession of reagents and precursors with intent to manufacture a controlled substance, possession of methamphetamine, and possession of cocaine.

 

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  1. 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.

  2. 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.

  3. 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.

  4. 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?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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