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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. 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.

  2. 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.

  3. 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.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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