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Opinions Feb. 22, 2012

February 22, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Jerrme Cartwright v. State of Indiana
82S01-1109-CR-564
Criminal. Affirms convictions of attempted battery and unlawful possession of a firearm by a serious violent felon. Finds no evidence of pretext in the state’s strike of venireperson Bard, the only African-American.

Joey Addison v. State of Indiana
49S05-1105-CR-267
Criminal. Uses the fundamental error doctrine to examine Addison’s Batson claim on appeal. The state’s mischaracterization of Turner’s voir dire testimony, its failure to engage Turner in any meaningful voir dire examination to explore his alleged undue reliance on the testimony of professionals, and the comparative juror analysis, when taken collectively, leave the firm impression that the state’s proffered explanation for striking venireperson Turner was a mere pretext based on race, making a fair trial impossible. Remands for a new trial.

Antwon Abbott v. State of Indiana
34S02-1202-CR-110
Criminal. Remands to the trial court to revise Abbott’s sentence from the maximum 20 years to 12 years for possession of cocaine as a Class B felony. But for the police officer’s choice of location in stopping the car in which Abbott was a passenger, he would have received no more than the maximum three-year sentence for possessing less than three grams of cocaine. Justices David and Dickson dissent.

Indiana Court of Appeals
Ernesto Gutierrez v. State of Indiana
44A03-1106-CR-257
Criminal. Reverses convictions of two counts of Class A felony child molesting. The trial court erred in admitting improper vouching testimony that invaded the province of the jury and prejudiced Gutierrez’s substantial rights. Remands for a new trial.

In the Matter of the Adoption of M.S.T.; R.P.M.T. v. C.K. and J.P. (NFP)
02A03-1106-AD-258
Adoption. Affirms grant of petition for C.K. and J.P. to adopt M.S.T.

Carol Showalter v. Donald Showalter (NFP)
20A03-1107-DR-332
Domestic relation. Remands for the trial court to explain its calculation of the parenting time credit and, if necessary, to recalculate the parenting time credit and father’s child support obligation. The trial court should also address the issue of whether son Brandt’s participation in ROTC should be credited toward his share of post-secondary education expenses.

Brent Goodman v. GMH Snyder Farms, Inc. (NFP)
53A05-1110-CT-531
Civil tort. Affirms order granting a motion to transfer venue from Monroe County to Montgomery County filed by GMH Snyder Farms.

Chuck W. Adams v. Mauro Chavez, M.D., Prison Health Services, Gil Kaufman, Craig Underwood, Dean Reiger (NFP)
49A05-1104-CT-218
Civil tort. Affirms summary judgment in favor of Chavez and other defendants on a complaint for medical malpractice.

LaDawn D. Johnson v. State of Indiana (NFP)
02A04-1106-CR-271
Criminal. Affirms conviction of and sentence for Class A felony battery.

Scott W. Bishop v. State of Indiana (NFP)
48A02-1108-CR-797, 48A05-1108-CR-441
Criminal. Affirms revocation of probation.

James Ingram v. State of Indiana (NFP)
49A02-1106-CR-578
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Philip Gregory Yeary v. State of Indiana (NFP)
78A01-1108-CR-388
Criminal. Affirms denial of motion to correct erroneous sentence.

Jeremy L. Hopkins v. State of Indiana (NFP)
48A02-1104-CR-342
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine.

Michael Dunfee v. State of Indiana (NFP)
79A03-1106-CR-279
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while driving privileges are forfeited for life, Class A misdemeanor operating while intoxicated in a manner that endangers a person, and being a habitual substance offender. Reverses order that Dunfee pay restitution.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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