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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
22A01-1008-PC-392
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.
29A05-1004-DR-204
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
48A02-1006-DR-691
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
38A02-1007-CR-875
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)
49A02-1006-CR-742
Criminal. Affirms two convictions of Class B felony robbery.

Tracy J. Talley v. State of Indiana (NFP)
49A02-1006-CR-641
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)
49A02-1008-MH-835
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)
24A05-1007-CR-535
Criminal. Affirms revocation of probation after Catron stopped paying restitution.

Carl Andre Coleman v. State of Indiana (NFP)
20A05-1008-CR-553
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)
42A01-1006-JT-312
Juvenile. Affirms termination of parental rights.

Lewis C. Woodward v. State of Indiana (NFP)
10A01-1008-CR-396
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)
49A02-1004-JV-493
Juvenile. Affirms order committing S.S. to the Indiana Department of Correction.

Lawrence Lusk v. State of Indiana (NFP)
71A03-1007-CR-433
Criminal. Affirms conviction of Class C felony carrying a handgun without a license with a prior conviction.

Darrick Williams v. State of Indiana (NFP)
49A02-1008-CR-856
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)
49A02-1005-CR-585
Criminal. Reverses conviction of Class B felony burglary and remands for a new trial.

D.K. v. Review Board (NFP)
93A02-1006-EX-639
Civil. Affirms denial of request for unemployment benefits.

James Roberson v. State of Indiana (NFP)
22A04-1001-CR-100
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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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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