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Opinions Feb. 8, 2012

February 8, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Bei Bei Shuai v. State of Indiana
49A02-1106-CR-486
Criminal. Reverses trial courts’ denial of Shuai’s request to be released on bail. The defense presented sufficient evidence to rebut the presumption that Shuai is guilty of murder of her child. Remands for a determination of bail. Declines to adopt Shuai’s argument that the murder statute is ambiguous as applied to her. Affirms denial of her motion to dismiss. Judge Riley concurs in part and dissents in part.

Joey Jennings v. State of Indiana

53A01-1010-CR-541
Criminal. Grants rehearing to address the state’s argument that the original holding conflicts with a prior decision from the Indiana Supreme Court, but affirms earlier decision in all respects. The current statute supersedes the holding of Smith.

Anthony T. White v. State of Indiana
18A05-1108-CR-439
Criminal. Affirms classification of White as a credit restricted felon. The credit restricted felon statute plainly applies and it is of no moment that White pleaded guilty to Class B felony child molesting instead of Class A felony child molesting.

In Re the Paternity of N.T.; B.T. v. D.K. and K.K.
09A02-1108-JP-693
Juvenile. Reverses order granting stepfather K.K.’s motion for change of venue from the judge. Father B.T.’s application for contempt did not elevate K.K. to the status of a party in the underlying civil action entitling him to a change of venue from the judge. On remand, K.K. will be entitled to statutorily prescribed due process protections in any contempt proceeding before the paternity court.

Zuri K. Jackson v. Demetrius Holiness
02A03-1103-RS-99
Reciprocal support. Affirms grant of Holiness’ motion to dismiss Jackson’s petition for modification of child support. Based on I.C. 31-18-6-11, an Indiana court cannot have subject matter jurisdiction to modify the child support here instead of in Maryland. That statute is not preempted by the Full Faith and Credit for Child Support Orders Act.

Kevin M. Timko v. State of Indiana (NFP)

84A05-1104-CR-228
Criminal. Remands with instructions that the trial court correct the judgment and recalculate the credit time to which Timko is entitled. Affirms convictions of and sentence for two counts of Class A felony child molesting, two counts of Class A felony criminal deviate conduct, and Class C felony child exploitation.

Vincent L. Gant v. State of Indiana (NFP)
85A02-1107-CR-674
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine and dealing in a schedule I, II or III controlled substance. Remands for a correction of the sentencing order.

David L. Scudder v. State of Indiana (NFP)
16A04-1104-CR-207
Criminal. Affirms convictions of Class D felonies theft and official misconduct.

Elizabeth A. McQuinn v. Michael T. McQuinn (NFP)
29A02-1107-DR-689
Domestic relation. Affirms order modifying Michael McQuinn’s parenting time and finding Elizabeth McQuinn in contempt of court for interfering with father’s parenting time.

Kristina L. Phillips v. State of Indiana (NFP)

87A05-1105-CR-303
Criminal. Affirms sentence following guilty plea to Class D felony neglect of a dependent.

Jay Unger v. State of Indiana (NFP)
67A01-1102-PC-32
Post conviction. Affirms denial of petition for post-conviction relief but remands with instructions that the trial court determine the amount of restitution, if any, Unger has not yet paid, and to fix the manner of payment.

Ravonte L. Love v. State of Indiana (NFP)

18A02-1106-CR-575
Criminal. Affirms order Love serve the remainder of his previously suspended sentence following revocation of home detention.

Leslie E. Foreman v. State of Indiana (NFP)

22A04-1108-CR-467
Criminal. Affirms sentence following guilty plea to Class D felony child solicitation and Class A misdemeanor indecent exposure.

Angela M. Lemarr v. State of Indiana (NFP)

20A05-1105-CR-258
Criminal. Affirms conviction of Class A misdemeanor false informing.

Richard M. Ford v. State of Indiana (NFP)
34A02-1107-CR-671
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Michael D. Wright, Sr. v. State of Indiana (NFP)

47A01-1106-CR-289
Criminal. Affirms revocation of probation and the execution of previously suspended sentences.

Kenneth A. Horton v. State of Indiana (NFP)
82A01-1105-CR-231
Criminal. Affirms convictions of Class C felony robbery and Class D felony auto theft.

Joe Songer, Jr. v. State of Indiana (NFP)
64A03-1101-CR-41
Criminal. Affirms sentence for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of K.M.: H.M. v. Indiana Dept. of Child Services (NFP)
27A05-1107-JT-329
Juvenile. Affirms involuntary termination of parental rights.

Edwin Mauricio Parrillas d/b/a Hispano America Auto Sales v. Los Amigos Auto Sales, Inc. (NFP)
82A04-1104-SC-228
Small claim. Affirms judgment in favor of Los Amigos Auto Sales in its claim for $2,000, plus $1,000 in damages.
 

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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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