Opinions Feb. 7, 2011

February 7, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
Post conviction. Affirms post-conviction relief court properly rejected Graham’s claims of an inadequate factual basis or ineffective assistance of appellate counsel, and claims of fundamental error. The PCR court’s findings don’t support its rejection of his claim that his plea was illusory or involuntary. Remands for a new PCR hearing to address that issue and the question of the effectiveness of his trial counsel on the grounds raised in his PCR petition, should he resubmit his subpoena request for his trial counsel to appear at the new hearing.

C.H., M.H. and J.S. v. J.D.
Domestic relation. Reverses grant of J.D.’s visitation petition regarding his biological child A.H., who has been adopted. Indiana Code Section 31-19-16-2 is the exclusive means for asserting visitation rights and J.D. did not follow the procedures listed therein. Remands with instructions to vacate the grant of visitation. Judge Crone concurs in result.

Jerry Ehman v. Mary Ehman
Domestic relation. Reverses $31,322 award to Mary, the full amount set forth in the original divorce decree involving her share of Jerry’s retirement account. After the decree was issued, the account declined dramatically due to a drop in the value of General Motors stock. Mary was in the best position to avoid the loss and her failure to submit the Qualified Domestic Relations Order and seek assistance from the trial court in a timely fashion contributed to the dramatic decline in the value of the personal savings plan. Remands with instructions.

Dustan Slade v. State of Indiana
Criminal. Affirms 20-year executed sentence following guilty plea to Class A felony dealing in cocaine. Judicial estoppel does not apply here, and the trial court did not erroneously conclude that his sentence was non-suspendible below 20 years when the state dismissed its firearm sentence enhancement allegation pursuant to the written plea agreement. The trial court concluded it was required to execute at least 20 years of his 30-year sentence because the judge found Slade possessed a firearm during the commission of the crime based on the pre-sentence investigation report.

Arthur Davis v. State of Indiana (NFP)
Criminal. Affirms two convictions of Class B felony robbery.

Tracy J. Talley v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor trespass.

Matter of the Civil Commitment of J.G. v. Community Hospital North/Gallahue Mental Health Services (NFP)
Mental health. Affirms order involuntarily committing J.G. to the custody of Community North Hospital/Gallahue Mental Health Services for 90 days.

Dale G. Catron v. State of Indiana (NFP)
Criminal. Affirms revocation of probation after Catron stopped paying restitution.

Carl Andre Coleman v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for Class B felony burglary and Class D felony criminal confinement.

Term. of Parent-Child Rel. of Z.S. and A.P.; T.S. v. Knox County DCS (NFP)
Juvenile. Affirms termination of parental rights.

Lewis C. Woodward v. State of Indiana (NFP)
Criminal. Dismisses appeal of motion to dismiss charges of Class D felony sexual battery, Class D felony residential entry, and Class B misdemeanor public intoxication.

S.S. v. State of Indiana (NFP)
Juvenile. Affirms order committing S.S. to the Indiana Department of Correction.

Lawrence Lusk v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony carrying a handgun without a license with a prior conviction.

Darrick Williams v. State of Indiana (NFP)
Criminal. Affirms aggregate 40-year sentence following convictions of Class A felony burglary and Class A felony robbery.

Paul Rogers v. State of Indiana (NFP)
Criminal. Reverses conviction of Class B felony burglary and remands for a new trial.

D.K. v. Review Board (NFP)
Civil. Affirms denial of request for unemployment benefits.

James Roberson v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty plea and sentence for Class A felony robbery resulting in serious bodily injury.

Indiana Tax Court had posted no opinions at IL deadline.


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