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Opinions Jan. 25, 2013

January 25, 2013
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Indiana Supreme Court
The following opinion was released after IL deadline Thursday.

Carlin Iltzsch v. State of Indiana
49S02-1301-CR-57
Criminal. Reverses Court of Appeals order vacating a judgment of restitution against a criminal defendant, holding that such orders may be reviewed by the court and remanded for rehearing when evidence is insufficient to support the order.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A04-1203-CR-144
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.

Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Criminal. Affirms on rehearing earlier denial of post-conviction relief for Robertson Fowler  sentenced to a maximum of 35 years in prison for his conviction of possession of a firearm by a serious violent felon with an enhancement as a habitual offender. Because Fowler received the benefit of charges against him being dropped when he pleaded guilty, his conviction was not in conflict with the Indiana Supreme Court’s subsequent ruling in Mills v. State, 868 N.E.2d 446, 450 (Ind. 2007) or a differing Court of Appeals ruling, Dugan v. State, 976 N.E.2d 1248, 1249.

Term. of the Parent-Child Rel. of: D.T., (Minor Child), and T.S. (Father) v. The Indiana Dept. of Child Services
49A02-1205-JT-420

Juvenile. Affirms termination of a juvenile father’s parental rights, holding that his due process rights were not violated when the trial court did not appoint a guardian ad litem for him.

David McCombs v. State of Indiana (NFP)
49A05-1111-PC-658
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.

Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
45A03-1204-JT-172
Juvenile. Affirms termination of parental rights.

Dale D. Engle v. State of Indiana (NFP)
58A04-1205-CR-244
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.

Charles Kingery v. State of Indiana (NFP)
49A02-1204-CR-317
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.

Ricky J. Thurston v. State of Indiana (NFP)
49A02-1204-CR-289
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.

D.J. v. State of Indiana (NFP)
49A02-1206-JV-490
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.

Paul Hoffert, Jr. v. State of Indiana (NFP)
84A05-1205-CR-273
Criminal. Affirms revocation of placement in work release.

Kip Hurt v. State of Indiana (NFP)
49A04-1206-CR-286
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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