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Opinions Feb. 21, 2013

February 21, 2013
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The following Indiana Supreme Court decisions were posted Wednesday after IL deadline:
Kathleen Peterink v. State of Indiana
57S03-1302-CR-136
Criminal. Affirms Peterink’s original sentence of one year imprisonment, suspended the sentence entirely, and placed her on probation for one year, six months of which was to be served on home detention. Affirms the Court of Appeals order that the trial court amend the sentencing order to allow for credit time for home detention.

Joey Jennings v. State of Indiana
53S01-1209-CR-526
Criminal. Summarily affirms sufficient evidence supports the Class B misdemeanor conviction for vandalizing another man’s truck. Holds that the phrase “term of imprisonment” as used in Indiana’s misdemeanor sentencing statute, does not include time suspended from a sentence. Remands for the trial court to impose a probationary period not to exceed 355 days – the difference between one year and the 30 days Jennings was ordered to serve in prison.

Thursday’s opinions
Indiana Court of Appeals
Curtis Tyrell Cutler v. State of Indiana

71A05-1206-CR-339
Criminal. Affirms conviction of Class B felony burglary. Finds there was sufficient evidence to warrant a jury finding beyond a reasonable doubt that Cutler committed the burglary. Holds the trial court did not err in permitting the use of a statement Cutler made to police for impeachment.

Robert A. Carmer v. State of Indiana (NFP)

03A04-1208-CR-427
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

David Purlee v. State of Indiana (NFP)

88A01-1210-IF-458
Infraction. Reverses entry of default judgment against Purlee for driving while suspended and remands for further proceedings.

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

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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