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Opinions Feb. 18, 2013

February 18, 2013
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Indiana Court of Appeals
Jim A. Edsall v. State of Indiana
57A03-1205-CR-240
Criminal. Affirms sentence following guilty plea to five counts of Class A felony delivery of methamphetamine and one count of Class A felony conspiracy to manufacture meth. There is no indication that the trial court considered alleged inaccurate and irrelevant testimony when sentencing him, and his sentence is appropriate based on his character and nature of his offenses. Reverses order of restitution as part of Edsall’s sentence because the trial court had not authority to order restitution in this case.

Alex Carrillo v. State of Indiana
49A05-1108-PC-437
Post conviction. Affirms denial of petition for post-conviction relief. Carrillo failed to show an objectively reasonable probability that but for his counsel’s failure to advise him of possible adverse immigration consequences, he would have decided to decline his guilty plea.

Alex Carrillo v. State of Indiana
49A02-1112-PC-1209
Post conviction. Affirms denial of PCR petition. The post-conviction court properly considered Carrillo’s attorney’s knowledge in assessing whether his attorney’s performance was deficient, and the court did not err in concluding that Carrillo failed to carry his burden to show that he received ineffective assistance of counsel.

Michael R. Sudberry v. State of Indiana

45A03-1206-CR-298
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury. The trial court did not abuse its discretion by admitting evidence that Sudberry had previously threatened his brother and there was sufficient evidence to rebut his claim of self-defense.

Jerome Scott Mattingly v. Juan William Smith and Julie Ann Smith and Sharon O'Connell and Daniel E. Richards, Vernuse Mings and Meredith Mings, Glen H. Macphee and Carol S. Macphee, et al. (NFP)
55A05-1203-PL-142
Civil plenary. Affirms trial court conclusion that a plat of survey unambiguously created an express easement, thereby precluding consideration of extrinsic evidence and that the existence of that easement excused Mattingly’s actions.

Dennis L. Lloyd, Jr. v. State of Indiana (NFP)
30A04-1207-CR-431
Criminal. Affirms conviction of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.

Robert D. Bowen v. State of Indiana (NFP)
08A02-1206-CR-504
Criminal. Affirms convictions of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon, Class C felony dealing in a schedule IV controlled substance, Class D felony possession of a controlled substance and Class A misdemeanor possession of marijuana.

Nancie Hale, as Next Friend of John Doe v. Randolph County Kids, Inc. d/b/a Camp Yale, Randolph County Department of Community Corrections, Camp Kidz-Kan-Du, et al. (NFP)

89A01-1206-CT-246
Civil tort. Affirms summary judgment to Nautilus Insurance Co. and the reformed policy limits of $100,000 per occurrence and $300,000 aggregate instead of $1 million per occurrence and $2 million aggregate.  

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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