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Opinions Feb. 26, 2013

February 26, 2013
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Indiana Court of Appeals
Paul M. Brock v. State of Indiana
79A04-1208-CR-433
Criminal. Affirms trial court sentence of 12 years on convictions of Class C felony auto theft; Class D felony intimidation; Class A misdemeanors resisting law enforcement, striking a law enforcement animal, and operating a vehicle while intoxicated; and a habitual offender enhancement. The court held that the sentence was not impermissible double enhancement, was not inappropriate, and that the court did not abuse its discretion when it considered Brock’s prior behavior while incarcerated.

Curves for Women Angola An Indiana Partnership, Dan Cole, and Lori Cole v. Flying Cat, LLC
76A04-1206-PL-312
Civil plenary. Affirms trial court ruling in favor of the Flying Cat, holding that after a divorce, the ex-husband could be bound to a partnership agreement he signed to establish the business, and thus was liable for unpaid rent.

Dennis Ray Smith v. State of Indiana

82A01-1204-CR-175
Criminal. Affirms in part, reverses in part, and remands with instructions for the trial court to vacate two convictions for Class A felony child molesting by sexual deviate conduct. It also found the lower court did not err in admitting Smith’s recorded statement to police into evidence but ruled the defendant did make an objection to its admission during a bench conference.  

Pedro Alvarez v. State of Indiana
09A02-1203-CR-241
Criminal. Reverses and remands a sentence of 40 years in prison on conviction of two counts of Class B felony dealing in cocaine, holding that consecutive sentences imposed for two separate police-sponsored drug buys were inappropriate.

Paul Sparks v. State of Indiana

49A02-1207-CR-593
Criminal. Reverses revocation of probation, holding that the trial court did not provide an evidentiary hearing that comported with Sparks’ due process and remands to the trial court for a new probation revocation hearing.

Joseph K. Strong v. State of Indiana (NFP)
49A02-1207-CR-535
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Edgar Duncan v. State of Indiana (NFP)

29A04-1209-CR-450
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle while intoxicated.

In Re: The Paternity of J.P.; J.H. v. P.P. (NFP)

43A03-1206-JP-300
Juvenile. Remands custody petition for reconsideration of evidence relating to a counselor’s assessment and knowledge of alleged threats made by father and to resolve father’s contempt petitions against mother.

Jose Morales v. State of Indiana (NFP)

49A02-1207-CR-607
Criminal. Affirms conviction and sentence of 50 years in prison on two counts of Class A felony child molesting.

Jerry L. Moore v. State of Indiana (NFP)

90A05-1207-CR-370
Criminal. Affirms 15-year executed sentence for conviction of Class B felony dealing in a schedule III controlled substance.

Term. of the Parent-Child Rel. of: B.H., (Minor Child) and K.H.L. (Mother) v. Indiana Dept. of Child Services (NFP)
36A01-1209-JT-416
Juvenile. Affirms termination of parental rights.

Stanley Short v. State of Indiana (NFP)

69A01-1206-CR-268
Criminal. Affirms aggregate sentence of 75 years in prison for convictions of Class A felony rape and criminal deviate conduct; and Class B felony, Class C felony and Class A misdemeanor charges of battery.

In Re: The Matter of A.R., et al., Alleged Children in Need of Services: T.M. v. The Indiana Department of Child Services (NFP)

52A02-1205-JC-388
Juvenile custody. On rehearing, affirms original opinion affirming the trial court finding that mother neglected to ensure the children received proper care.

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

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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