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Opinions Aug. 30, 2011

August 30, 2011
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7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Martin A. Villalon, Jr. v. State of Indiana
45A03-1010-CR-544
Criminal. Affirms conviction of felony murder and 60-year sentence, holding the juvenile court did not abuse its discretion in waiving Villalon to adult court, and that the Sixth Amendment does not apply to juvenile proceedings.

State of Indiana v. Alfonso M. Chavez
45A03-1012-CR-619
Criminal. Affirms trial court’s determination that statements made implicating Chavez are inadmissible as hearsay evidence, and that, accordingly, the state’s claim that the Sixth Amendment does not require exclusion of the evidence will not be considered as part of the appeal.

Wayne K. Smith v. State of Indiana
28A05-1011-CR-704
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that the search warrant did not violate Article 1, Section 11 of the Indiana Constitution.

D.W. v. State of Indiana (NFP)
89A03-1104-JV-176
Juvenile. Affirms judgment of juvenile court committing D.W. to the Indiana Department of Correction.

Marvin Mallet v. State of Indiana (NFP)
45A03-1102-CR-51
Criminal. Affirms denial of motion for misdemeanor treatment.

Jennifer Fulton v. State of Indiana (NFP)
27A02-1101-CR-132
Criminal. Affirms convictions of Class D felony possession of cocaine and associated charges.

Tom Kenneth v. State of Indiana (NFP)
49A02-1102-CR-167
Criminal. Affirms conviction of Class A felony burglary.

Brian C. Feely v. State of Indiana (NFP)
71A03-1101-CR-20
Criminal. Affirms sentence for Class C felony operating a vehicle while intoxicated after having been convicted of operating a vehicle while intoxicated causing death.

Joe M. Meyers v. State of Indiana (NFP)
49A04-1103-PC-144
Post conviction. Affirms denial of request for post-conviction relief.

Terrance R. Huber v. Montgomery County Sheriff (NFP)
54A01-1008-CT-558
Civil tort. Affirms trial court’s award of discovery sanctions to the Montgomery County Sheriff and remands to the trial court for a determination of appellate attorney fees and costs to be awarded to the sheriff’s office.

Lawrence Ray Holley II v. State of Indiana (NFP)
79A02-1005-PC-652
Post conviction. Dismisses appeal, holding that the post-conviction court’s order denying Holley’s petition constituted a final judgment.

Term. of Parent-Child Rel. of B.M.; L.M. v. IDCS (NFP)
49A02-1012-JT-1441
Juvenile. Affirms termination of father’s parental rights.

Jay A. Thomas v. State of Indiana (NFP)
36A01-1011-CR-583
Criminal. Affirms revocation of probation.

Terry Durbin v. State of Indiana (NFP)
68A01-1012-CR-608
Criminal. Affirms conviction of Class A felony murder.

William R. Robison v. State of Indiana (NFP)
22A01-1102-CR-33
Criminal. Affirms trial court’s finding that Robison violated the terms of his probation and should serve five years of his previously suspended sentence.

In Re The Marriage of: Daniel Madden v. Tracy Madden n/k/a Tracy Chavez (NFP)
46A05-1102-DR-115
Domestic relation. Affirms trial court’s denial of father’s petition to modify custody. Denies mother’s request to remand to the trial court for assessment of appellate attorney fees against father, finding the fee assessment is unwarranted.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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