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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. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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