ILNews

Opinions Aug. 15, 2011

August 15, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
T.W. v. State of Indiana
54A01-1103-JV-125
Juvenile. Affirms order that T.W. must register as a sex offender for 10 years. In the absence of any constitutional constraints, it was entirely the General Assembly’s prerogative to grant Indiana courts the subject matter jurisdiction to enter orders requiring certain juveniles to register as sex offenders. The trial court did not abuse its discretion in overruling T.W.’s objections to the testimony of two court-appointed psychologists.

Jimmy Robinson v. State of Indiana (NFP)
20A03-1101-CR-57
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.

J.B. Whitelow v. State of Indiana (NFP)
45A05-1009-CR-586
Criminal. Affirms convictions of felony murder, Class C felony attempted battery, and adjudication as an habitual offender.

The Education Resources Institute v. Douglas L. Krasnoff (NFP)
49A02-1007-CC-899
Civil collections. Reverses dismissal of The Education Resources Institute’s suit against Krasnoff. Remands for a new trial.

Lee Tibbetts v. State of Indiana (NFP)
49A05-1010-CR-609
Criminal. Affirms convictions of and sentence for four counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class D felony vicarious sexual gratification.

Cesar Sanchez v. State of Indiana (NFP)
06A01-1103-CR-111
Criminal. Reverses sentence for Class C felony operating a vehicle after forfeiture of license for life and Class D felony operating a vehicle while intoxicated. Remands with instructions to issue a revised sentence as detailed in the opinion. Judge Bradford dissents.

Leonard E. Luna v. State of Indiana (NFP)
57A03-1103-CR-114
Criminal. Affirms conviction of Class D felony intimidation.

J.F. v. State of Indiana (NFP)
92A04-1103-JV-149
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be criminal recklessness if committed by an adult.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court did not grant or deny transfer to any cases for the week ending Aug. 12.
 

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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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