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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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