Opinions Feb. 28, 2011

February 28, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David E. Schalk v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor attempted possession of marijuana. Schalk arranged a drug buy to try to discredit a witness against his client. An attorney is not exempt from criminal law even if his only purpose is the defense of his client.

Tommie L. Dye v. State of Indiana
Criminal. Reverses conviction of failure to register as a sex offender as a Class C felony. Given the fact that Dye is illiterate, was not assisted when registering, and complied with Indiana Code Section 11-8-8-12(c) by appearing in person every seven days, the evidence is insufficient to convict him of failing to register as a sex offender.

Derrick Smith v. State of Indiana
Criminal. Vacates convictions of conspiracy to commit dealing in cocaine and dealing in cocaine, which were merged. Smith did not waive his right to be tried within 70 days and the trial court erred by not dismissing the charges.

B & B, LLC v. Lake Erie Land Company
Civil plenary. Reverses trial court’s grant of Lake Erie’s motion for judgment on the evidence and remands for further proceedings. The trial court erred in determining that B&B’s action was barred by the common enemy doctrine and that its claims against Lake Erie should have been permitted to proceed.

Hannah Lakes v. Grange Mutual Casualty Company
Civil tort. Reverses summary judgment for Grange Mutual. Finds Lakes is entitled to underinsured motorist coverage under her sister’s policy and that $44,900 is available to her under Grange Mutual’s coverage.

Jezrael Vaughn v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Terrence T. Miller v. State of Indiana (NFP)
Criminal. Affirms denial of request to withdraw guilty plea to Class B felony armed robbery.

Term. of Parent-Child Rel. of K.S.; T.S. & R.D. v. IDCS (NFP)
Juvenile. Dismisses cause with prejudice because the parents failed to timely file a notice of appeal.

M.A.-G. v. J.G. (NFP)
Domestic relation. Affirms denial of M.A.-G.’s motion to relocate.

Eric Markwith v. State of Indiana (NFP)
Criminal. Affirms revocation of placement in community corrections.

Rebecca Zoborosky v. Brian Zoborosky (NFP)
Domestic relation. Affirms dissolution decree that divided the marital assets.

Khaleeq Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Barry Johnson v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Tyrone L. Jones v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

D.H. v. State of Indiana (NFP)
Juvenile. Affirms the true finding that D.H. committed Class C felony child molesting if committed by an adult.

Constance Phillips v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and order Phillips serve part of the suspended portions of her sentences.

Merritt A. Salyer v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony resisting law enforcement, and Class A misdemeanors resisting law enforcement and operating a vehicle on a highway while license is suspended or revoked.

The Paternity of M.C.; A.H. . Mi.C. (NFP)
Criminal. Affirms order awarding physical custody of daughter to Mi.C.

Gregory Jacob v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony intimidation, Class C felony sexual battery, and Class B felony criminal confinement. Reverses sentence and remands with instructions for the trial court to issue an order and make any other docket entries necessary to revise Jacob’s sentence for criminal confinement, as a Class B felony, to 16 years.

Gregory Sausaman v. Jennifer Hutchens (NFP)
Domestic relation. Reverses order granting Hutchens’ motion for judgment on the evidence on Sausaman’s motion for a change of custody. Remands for further proceedings.

Eric Daniels v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Angela L. Bauer v. David B. Bauer (NFP)
Domestic relation. Affirms order denying Angela’s motion for relief from judgment pursuant to Indiana Trial Rule 60(B).

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 4 transfers and denied 25 for the week ending Feb. 25.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon