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Opinions Jan. 28, 2011

January 28, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Keith Eberle v. State of Indiana
58A01-1003-CR-105
Criminal. Affirms convictions of Class D felony intimidation, Class C felony stalking, and two counts of Class B misdemeanor harassment due to text messages and phone calls from Eberle to an employer-issued cell phone that belonged to an Ohio County jail matron. Eberle raised four issues: whether the state established that Ohio County was a proper venue for trial; whether the trial court properly refused Eberle’s proposed venue instructions; whether sufficient evidence supports Eberle’s convictions; and whether the trial court’s failure to vacate lesser-included offenses that were merged for purposes of sentencing violated Indiana’s prohibition against double jeopardy.

Christopher West v. State of Indiana
24A04-1005-CR-342
Criminal. Affirms convictions of using fraud or misrepresentation in the offer or sale of a security, a Class C felony; the offer or sale of an unregistered security, a Class C felony; and the offer or sale of a security by an unregistered broker-dealer, a Class C felony. West raised the following issues: whether the trial court erred in denying West’s motion to dismiss; whether the trial court erred in instructing the jury; and whether there is sufficient evidence to support West’s convictions.
    
Dennis J. Turner v. State of Indiana (NFP)
06A05-1006-CR-427
Criminal. Affirms conviction of and sentence for burglary as a Class B felony.

State of Indiana v. Jermain Blue (NFP)
02A03-1003-CR-139
Criminal. Denies rehearing of Nov. 3, 2010, opinion regarding suppression of state’s evidence obtained pursuant to a search warrant that was invalid under the fruit of the poisonous tree doctrine.

Travis R. Rush v. State of Indiana (NFP)
09A02-1006-CR-637
Criminal. Affirms conviction of battery, a Class C felony.

John Wilson v. State of Indiana (NFP)
49A02-1006-CR-677
Criminal. Affirms conviction of three counts of reckless homicide as Class C felonies.

Luiz Alves v. Damon R. Leichty, et al. (NFP)
71A03-1005-PL-301
Civil. Affirms trial court’s grant of summary judgment in favor of Leichty and other appellees-defendants. Also affirms trial court’s entry of judgment on counterclaim of counterclaim plaintiff Barnes & Thornburg in the amount of $93,992.40 plus costs.


Nikol Hutnik v. State of Indiana (NFP)
30A04-1005-CR-298
Criminal. Affirms conviction of dealing in a schedule II controlled substance, a Class B felony.

O.V. v. State of Indiana (NFP)
49A02-1005-JV-574
Juvenile. Affirms juvenile court’s order modifying O.V.’s probation by removing him from his home and placing him in a rehabilitation and treatment center outside of his home county.

Pretiss Huff v. State of Indiana (NFP)
49A04-1008-PC-575
Post-conviction. Affirms denial of Huff’s petition for post-conviction relief.

Indiana Tax Court posted no opinions at IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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