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Opinions, Aug. 21, 2013

August 21, 2013
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Opinions – Aug. 21, 2013
Indiana Court of Appeals

Rodney Melton v. State of Indiana
49A02-1212-CR-1008
Criminal. Affirms conviction of Class C felony child molesting and Class D felony dissemination of matter harmful to minors, rejecting an argument that the dissemination statute requires a “performance” under that law be public. The court also found Melton’s 11-year aggregate sentence was not inappropriate in light of his character and the nature of the offense.

In Re: The Matter of A.H., and S.H., Minor Children, V.H., Mother v. Indiana Department of Child Services
10A01-1302-JM-93
Juvenile. Affirms trial court order granting Department of Child Services petitions to interview minor children on a complaint the mother was using and selling drugs despite no evidence in a home search or drug screen of the mother. The majority held that DCS’s interest could be served only by interviewing the children and that mother’s due process rights were not violated. Dissenting Judge Patricia Riley would dismiss the case as moot because the trial court declined to stay the order allowing the interviews.

In the Matter of the Commitment of T.K. v. Department of Veterans Affairs
49A05-1303-MH-100
Mental health. Affirms order for regular commitment, agreeing that T.K. was suffering from mental illness and was a danger to others. Although T.K. never harmed anyone, the COA finds his persistent threatening phone calls and hostile behavior is sufficient to find him a danger and to support his involuntary commitment to a mental health facility.

Dustin Trowbridge v. State of Indiana (NFP)
48A02-1205-CR-453
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of murder, rape, robbery, burglary, aggravated battery, criminal confinement, theft, auto theft, abuse of a corpse and escape.

Runyon Equipment Rental, Inc. v. Review Board of the Indiana Department of Workforce Development and Stephen Mortimore (NFP)
93A02-1302-EX-182
Agency action. Reverses Indiana Department of Workforce Development Review Board’s grant of unemployment benefits and remands to the review board, also reversing a denial of a trial court order denying Runyon’s request to present additional evidence.

John Aaron Shoultz, III v. State of Indiana (NFP)
36A01-1208-CR-359
Criminal. Affirms conviction of murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Luke Smith v. State of Indiana (NFP)
82A04-1212-CR-650
Criminal. Affirms conviction and seven-year executed sentence on a charge of Class C felony robbery.

David A. Perry v. State of Indiana (NFP)
90A05-1301-CR-24
Criminal. Affirms revocation of probation on a conviction of Class D felony possession of a controlled substance.

Marcella Mullins v. State of Indiana (NFP)
44A03-1303-CR-102
Criminal. Affirms on interlocutory appeal denial of a motion to suppress evidence gathered in a police protective sweep of her residence that resulted in charges of multiple felony methamphetamine charges and related counts.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Wednesday.

7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Wednesday.

 

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

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