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Opinions Jan. 24, 2012

January 24, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Antoine Hill v. State of Indiana
45S03-1105-PC-283
Post conviction. Holds that the appropriate standard for judging the performance of Post-Conviction Rule 2 counsel is the standard set forth in Baum v. State. Further holds that Post-Conviction Rule 2 counsel in this case did not violate Baum because she represented the defendant in a procedurally fair setting which resulted in a judgment of the court. Justice Sullivan concurs with separate opinion; Justice Rucker dissents.

Indiana Court of Appeals
Jessica Bowling v. State of Indiana
35A04-1107-CR-407
Criminal. Affirms denial of Bowling’s petition for permission to file a belated notice of appeal pursuant to Indiana Post-Conviction Rule 2. The agreement Bowling signed to waive her right to appeal the sentence is valid.

Violet M. Lockett v. Peggy Hoskins a/k/a Peggy J. Smith
49A02-1106-CT-552
Civil tort. Reverses award of attorney fees to Hoskins. Lockett’s claim for negligence was not unreasonable and she made a good faith and rational argument on the merits of the action. Declines Hoskins’ request for appellate attorney fees.

James R. Johnson v. State of Indiana
44A04-1105-PC-264
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in accepting Johnson’s guilty plea to Class A felony child molesting because the record shows he pleaded guilty to it at the same time he maintained his innocence. Remands for further proceedings.

Jeremiah Brown v. State of Indiana (NFP)
18A04-1105-PC-309
Post conviction. Affirms denial of petition for post-conviction relief.

Cordell G. Gage v. State of Indiana (NFP)
02A03-1103-CR-110
Criminal. Affirms conviction of Class C felony burglary and determination that Gage is a habitual offender.

In the Matter of the Term. of the Parent-Child Rel. of: J.W. & C.W. and M.W. v. Indiana Dept. of Child Services (NFP)
71A05-1105-JT-278
Juvenile. Affirms involuntary termination of parental rights.

Terry York v. State of Indiana (NFP)
49A04-1105-CR-247
Criminal. Reverses York’s Class A felony attempted robbery conviction and remands with instructions to enter judgment of conviction of Class B felony attempted robbery and resentence York accordingly.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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