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Opinions Feb. 25, 2013

February 25, 2013
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The following Indiana Supreme Court decision was posted Friday after IL deadline:
Felix C. Sickels v. State of Indiana
20S03-1206-CR-308
Criminal/support. Reverses Court of Appeals and affirms trial court ruling that the custodial parent of children who have been emancipated as adults is a victim in cases of non-payment of child support.

Monday’s opinions
Indiana Court of Appeals

Jose Maldonado-Morales v. State of Indiana
20A05-1205-CR-255
Criminal. Affirms Class D felony conviction of domestic battery, ruling that a jury instruction on the doctrine of transferred intent was not an abuse of discretion and that the state was not required to prove that Maldonado-Morales knowingly or intentionally struck his ex-wife in the presence of their child.  

Steven Bethel v. State of Indiana (NFP)

71A03-1203-PC-139
Post-conviction. Affirms finding that Bethel waived claims forming the bases of his request for post-conviction relief.

In the Matter of the Term. of the Parent-Child Rel. of: L.M. and M.M. v. The Indiana Dept. of Child Services (NFP)
79A02-1208-JT-678
Juvenile. Affirms termination of parental rights.

Juan Beamon v. State of Indiana (NFP)
49A02-1207-CR-571
Criminal. Reverses and remands conviction of Class B felony sexual misconduct with a minor, holding that the evidence was insufficient to support the charge and ordering the trial court to enter a judgment on Class C felony sexual misconduct with a minor.

James Eskridge v. State of Indiana (NFP)
49A05-1111-PC-629
Post conviction. Affirms denial of petition for post-conviction relief from revocation of parole.

Tamara Downie, formerly Tamara Reed v. Jason Reed (NFP)

20A03-1208-DR-344
Domestic relations. Affirms order modifying child support.

Darrell L. Weightman and Donna Weightman v. Brian A. Nellis (NFP)

65A01-1207-CT-309
Civil tort. Affirms judgment on jury verdict in favor of Nellis on the Weightmans’ negligence claim.

Michael T. Ivy v. State of Indiana (NFP)

45A03-1207-CR-331
Criminal. Affirms sentence of conviction of battery as a Class A felony.

Shawn J. Fuller v. Carrie R. Fuller (NFP)
12A04-1205-DR-251
Domestic relations. Affirms trial court’s contempt finding and judgment in favor of Shawn Fuller.

Martel D. Cross v. State of Indiana (NFP)
45A05-1207-CR-369
Criminal. Affirms 30-year sentence for conviction of Class A felony voluntary manslaughter.

In the Matter of the Term. of the Parent-Child Rel. of: L.W., M.R. v. Indiana Dept. of Child Services (NFP)

19A01-1208-JT-393
Juvenile. Affirms termination of parental rights.

Robert Stokes v. State of Indiana (NFP)
49A02-1206-CR-500
Criminal. Affirms convictions of murder and Class B felony unlawful possession of a firearm by a serious violent felon.

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

 

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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