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Opinions Aug. 11, 2014

August 11, 2014
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Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.

L.C. Westervelt, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, et al. v. George Woodcock III, d/b/a West Drilling Company
65A01-1311-PL-501
Civil plenary. Reverses summary judgment against Carolyn Sue Stinson and remands to the trial court to enter summary judgment for Stinson. The Posey Circuit Court determined Stinson’s ownership in a mineral interest had lapsed. However, the Court of Appeals found the judgment for Woodcock was in error because Stinson had paid taxes which prevented the lapse of her mineral interest. Judge Mark Bailey concurred in result.  

Colton Milam v. State of Indiana
49A02-1312-CR-998
Criminal. Reverses conviction of Class B misdemeanor public intoxication, finding there is insufficient evidence to sustain the conviction.

Marcus Richardson v. Wendy Knight
48A04-1312-MI-625
Miscellaneous. Affirms trial court’s transfer of Marcus Richardson’s petition for writ of habeas corpus from Madison Circuit Court to the sentencing Marion Superior Court. Because the petition is an attack on the validity of Richardson’s conviction of murder and 60-year sentence, it is to be treated as a petition for post-conviction relief and must be transferred to the sentencing court.

Micah T. Lminggio v. State of Indiana (NFP)
79A04-1312-CR-635
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and two counts of Class B felony possession of a firearm by a serious violent felon.

Kevin L. Curry v. State of Indiana (NFP)
20A03-1312-PC-513
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)
53A01-1402-MH-66
Mental health. Affirms involuntary mental health commitment, order for forced medication and order for transport to Richmond State Hospital.

Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)
02A03-1310-MI-397
Miscellaneous. Affirms denial of motion to vacate judgment.

James Mantz v. State of Indiana (NFP)
49A05-1304-CR-200
Criminal. Dismisses motion for immediate discharge from unlawful imprisonment.  

Robert D. Bowen v. State of Indiana (NFP)
08A02-1312-CR-1078
Criminal. Affirms resentencing on remand from Indiana Supreme Court.

Lisa Ritchie v. State of Indiana (NFP)
20A04-1306-CR-286
Criminal. Affirms denial of motion to correct erroneous sentence.

Jimmie T. Bowen v. State of Indiana (NFP)
45A04-1312-CR-631
Criminal. Affirms three-year sentence of Class D felony theft.

Bulent Colak v. State of Indiana (NFP)
82A01-1312-CR-557
Criminal. Affirms conviction of Class D felony battery.

John Anthony v. State of Indiana (NFP)
49A02-1312-CR-1033
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Christopher Woodburn v. State of Indiana (NFP)
71A05-1312-CR-638
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1308-JT-344
Juvenile. Affirms termination of parental rights.

Chanse T. Starr v. State of Indiana (NFP)
90A02-1306-CR-499
Criminal. Affirms eight-year sentence for conviction of Class C felony burglary served consecutively to a previous conviction of Class C felony corrupt business influence.
 
Gerardo Nino Romero v. State of Indiana (NFP)
02A03-1208-PC-379
Post conviction. Affirms denial of post-conviction relief.
 
Donald Woods v. State of Indiana (NFP)
49A02-1310-PC-858
Post conviction. Affirms denial of post-conviction relief.
 
Christopher Lawson v. State of Indiana (NFP)
79A02-1307-CR-664
Criminal. Affirms aggregate 20-year sentence for convictions of Class B felony possession of a narcotic drug within 1,000 feet of a family housing complex, two counts of Class D felony neglect of a dependent and Class A misdemeanor possession of paraphernalia.

Robert Hoffman v. State of Indiana (NFP)
71A03-1401-CR-41
Criminal. Affirms in part, reverses in part and remands. Affirms conviction of Class D felony strangulation, but reverses imposition of a domestic violence fee and remands with instructions to vacate that part of the judgment.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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