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Opinions Dec. 9, 2010

December 9, 2010
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The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
57S04-1006-CR-317
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.

Today’s opinions
7th Circuit Court of Appeals

American Bank v. City of Menasha, et al.
10-1963
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
49A02-1001-CR-37
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.

State of Indiana v. Richard J. Laker, Jr.
24A04-0912-CR-736
Criminal. Affirms the grant of Laker’s motion to dismiss the charges against him: Class D felony operating a motor vehicle while privileges are suspended, two counts of Class C misdemeanor operating a vehicle while intoxicated, and Class D felony operating a vehicle while intoxicated with a prior conviction thereof. The charging information was deficient because the charges did not inform Laker whether he needed to defend against operating the Lexus or the farm tractor. Judge Vaidik concurs in part and dissents in part.  

Brenda Truedell-Bell v. Marion County Treasurer and Auditor
49A04-1003-MI-215
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.

Lashann Montez Winfield v. State of Indiana (NFP)
46A03-0909-CR-413
Criminal. Affirms conviction of Class D felony failure to register as sex offender.

James A. Bridges v. State of Indiana (NFP)
49A02-1003-CR-373
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Phyllis A. Merriweather v. State of Indiana (NFP)
49A02-1005-CR-478
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Purcell Turner, Jr. v. State of Indiana (NFP)
71A03-1004-CR-217
Criminal. Affirms conviction of Class C felony burglary.

Donald Lee Smith v. State of Indiana (NFP)
16A05-1006-CR-360
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.

Felecia M. Rorer v. State of Indiana (NFP)
02A05-1005-CR-293
Criminal. Affirms sentence for Class C felony battery.

David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A05-1004-MI-225
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.

In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
49A02-1005-JC-630
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.

Kimberly Covey v. Steven Covey (NFP)
55A05-1004-DR-298
Domestic relation. Dismisses appeal of order dissolving marriage.

Tyson D. Warner v. State of Indiana (NFP)
48A02-1005-CR-548
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.

Jean Lukes v. Lisa A. Moore (NFP)
48A02-0909-CV-837
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.

Carlos M. Drane v. State of Indiana (NFP)
49A02-0912-CR-1251
Criminal. Affirms conviction of murder.

Troy Flanagan v. State of Indiana (NFP)
49A02-0910-CR-963
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.

Shanta Vance v. State of Indiana (NFP)
48A04-1002-CR-321
Criminal. Affirms revocation of probation.

Susan Kirk v. Aaron Kirk (NFP)
52A02-1005-DR-594
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.

Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
45A04-1004-JT-283
Juvenile. Affirms termination of parental rights.

Lewis Jerome McNeary v. State of Indiana (NFP)
18A02-1005-CR-580
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

James K. Bohannon v. State of Indiana (NFP)
40A01-1004-CR-190
Criminal. Affirms conviction of Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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