Opinions Feb. 26, 2013

February 26, 2013
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Indiana Court of Appeals
Paul M. Brock v. State of Indiana
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
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

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
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

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)
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Edgar Duncan v. State of Indiana (NFP)

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)

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)

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)

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)
Juvenile. Affirms termination of parental rights.

Stanley Short v. State of Indiana (NFP)

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)

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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...