ILNews

Opinions Jan. 10, 2011

January 10, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.

Brian S. Christie v. State of Indiana
33A01-1006-CR-306
Criminal. Affirms order revoking Christie’s community corrections placement and order he serve the entirety of his remaining sentence at the Department of Correction. The trial court’s judicial notice and its dispositional order were proper.

State of Ohio Conviction Against Mickey Shawn Gambler
02A04-1008-CR-509
Criminal. Reverses order that Gambler be removed from the Indiana sex offender registry. The trial court erred by not providing notice to the appropriate parties or holding a hearing. Remands for the trial court to dismiss the case without prejudice subject to further proceedings in the event Gambler files a sufficient petition.

Anthony Taylor v. State of Indiana
49A02-1008-PC-949
Post conviction. Reverses denial of petition for permission to file a belated appeal of the denial of Taylor’s petition for post-conviction relief. The post-conviction court abused its discretion in denying Taylor the relief he sought under Trial Rule 72(E). Remands for the post-conviction court to allow him to file a notice of appeal.

Kevin D. Ables v. Wray J. Ables (NFP)
18A05-1002-DR-144
Domestic relation. Affirms post-dissolution order.

Marshall Sims v. State of Indiana (NFP)
49A02-1005-CR-555
Criminal. Affirms revocation of probation.

George Burnett v. State of Indiana (NFP)
15A01-1002-CR-182
Criminal. Affirms order denying Burnett’s motion to correct erroneous sentence.

Mrtyrone Demon Metcalf v. State of Indiana (NFP)
45A04-1002-CR-69
Criminal. Affirms convictions of murder, felony murder in the perpetration of a robbery, and Class B felony robbery.

Justin Trevor Stetler v. State of Indiana (NFP)
79A04-1004-CR-312
Criminal. Stetler pleaded guilty to Class B felony attempted child molesting. Reverses a restriction in the sentencing order and remands for it to be deleted and impose conditions as stated in the language. Affirms the trial court’s finding of aggravating and mitigating circumstances and his 14-year sentence of 10 years executed and four years suspended and served on probation.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted four transfers and denied 24 for the week ending Jan. 7.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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