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Opinions Feb. 8, 2013

February 8, 2013
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Indiana Court of Appeals
Billy Russell v. State of Indiana
49A04-1203-CR-148
Criminal. Affirms conviction and sentence on charges of murder and Class B felony possession of a firearm by a serious violent felon. The panel found that the trial court did not abuse its discretion in refusing to completely bifurcate the trial of the SVF charge from the murder charge or in refusing to tender Russell’s self-defense jury instruction. The court also determined the 85-year sentence was not inappropriate.

Hiawathia Hunt v. State of Indiana

49A04-1207-CR-371
Criminal. Affirms 545-day sentence, 270 executed, on a conviction of Class D felony theft following a bench trial, holding that a sentence in which the judge offered possible leniency in time served in exchange for restitution to the victim was not error because the sentence was not conditioned upon restitution but rather offered possible modification if restitution was paid.

Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)

48A02-1203-ES-223
Estate, supervised. Affirms the trial court’s denial of the Estate’s petition to recover assets. Ruled the trial court properly found that the presumption of undue influence does not apply and properly found the Estate failed to prove that the statutory presumption for survivorship rights was overcome.

Louis Townsend v. State of Indiana (NFP)
48A04-1207-PC-389
Post conviction. Affirms trial court’s denial of Townsend’s petition for relief. Found the post-conviction court did not err when it concluded that Townsend did not receive ineffective assistance of trial and appellate counsel and when it concluded Townsend was not entitled to post-conviction relief on the basis of newly-discovered evidence.

The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline. The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.



 

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  1. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  2. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  3. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  4. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

  5. There is a compromise to wearing socks that may cause discomfort to the foot, and it is from XOSOX. They are currently running a Kickstarter campaign and, typing "xosox" and "kickstarter" into your search engine will get you there. You can also find their Facebook page.

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