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Opinions Aug. 6, 2014

August 6, 2014
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Indiana Court of Appeals
Kevin Davis v. State of Indiana
49A05-1310-CR-523
Criminal. Affirms conviction of Class A felony robbery resulting in serious bodily injury. L.H.’s statements to police identifying Davis as participating in the beating and robbery were properly admitted, the trial court did not err when it determined two witnesses had made themselves unavailable and therefore allowed their depositions to be admitted into evidence at trial, and there is sufficient evidence supporting the conviction.

Craig Alvey v. State of Indiana

20A04-1310-MI-533
Miscellaneous. Affirms petition for rehearing of the denial of Alvey’s petition to expunge records of his conviction of Class A misdemeanor possession of cocaine. Finds that Alvey does not have to wait three years to file a new petition to expunge his Class A misdemeanor conviction under the new, more liberal standards of I.C. 35-38-8-2 (2014). Affirms in all other respects.

Cherokee Air Products, Inc., Cherokee Family Limited Partnership, Tippmann Industrial Products, Inc., Dennis Tippmann, Sr. Family Partnership, LLP, and Tippmann Farms, LLC v. Bruce E. Buchan
02A05-1312-PL-635
Civil plenary. Affirms on interlocutory appeal the order granting partial summary judgment in favor of Buchan in an action alleging breach of his employment contract and seeking damages. There are no genuine issues of material fact precluding the entry of partial summary judgment on the issue of his entitlement to retire.

Arthur Gutierrez, Jr. v. State of Indiana (NFP)
64A03-1309-CR-365
Criminal. Affirms conviction of Class A felony child molesting.

In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)
49A02-1312-JC-1008
Juvenile. Affirms adjudication that J.K. is a child in need of services.

Jeffery A. Foster v. State of Indiana (NFP)
14A01-1311-CR-522
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury and imposition of $120 in costs and fees. Remands for hearing to assess Foster’s ability to pay an additional $48 in other fees.

Daniel Utterback v. State of Indiana (NFP)
34A02-1312-CR-1021
Criminal. Affirms seven-year sentence for Class C felony child molesting.

The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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