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Opinions July 13, 2010

July 13, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Michael Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’ sentence. The agreement included his express waiver of his right to appeal his sentence.

Deborah Edwards v. State of Indiana
49A02-0911-CR-1093
Criminal. Reverses conviction of Class D felony criminal recklessness. Evidence of a defendant’s absence from a crime scene is not an “alibi” defense. It is a rebuttal of the prosecution’s contention the defendant was present and thus capable of committing the crime. Remands for a new trial.

Randy Allen Long v. State of Indiana (NFP)
79A02-0909-CR-903
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

John C. Cole, Jr. v. Patrick V. Baker (NFP)
49A02-0910-CV-960
Civil. Reverses summary judgment for attorney Patrick Baker after he refused to return money Cole paid him as a retainer.

A.E. v. State of Indiana (NFP)
49A04-1001-JV-17
Juvenile. Affirms adjudication for committing what would be Class B and Class C felony child molesting if committed by an adult.

Ronald Wright v. State of Indiana (NFP)
46A03-0912-CR-594
Criminal. Affirms denial of motion to correct erroneous sentence.

Douglas K. Huffnagel v. Christopher F. Cline (NFP)
20A05-0911-CV-662
Civil. Affirms grant of Cline’s motion for a directed verdict in favor of Cline on Huffnagel’s claims for negligence and injuries following an automobile accident.

Timothy Charles Wakefield v. State of Indiana (NFP)
48A04-0911-CR-647
Criminal. Remands case for a sentencing statement that clearly explains its finding of aggravating and mitigating circumstances and its reasons for imposing consecutive sentences following guilty plea to Class D felonies criminal recklessness, maintaining a common nuisance, dealing in marijuana, and possession of a controlled substance.

William D. Baxter v. State of Indiana (NFP)
49A02-0908-PC-724
Post conviction. Reverses denial of petition for post-conviction relief.

Otis A. Tate, Jr. v. State of Indiana (NFP)
71A04-1003-CR-138
Criminal. Affirms conviction of Class C felony forgery.

William Kerr v. State of Indiana (NFP)
49A05-0911-CR-639
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.

D.C.B. Alleged to be C.H.I.N.S.; P.B. and Da.B. v. Marion County DCS and Child Advocates (NFP)
49A02-0912-JV-1204
Juvenile. Affirms finding D.C.B. is a child in need of services.

Term. of Parent-Child Rel. of K.I. and R.I.; K.K. and C.I. v. IDCS (NFP)
20A03-0912-JV-562
Juvenile. Affirms termination of parental rights.

Andy Zulu v. State of Indiana (NFP)
49A02-0911-CR-1113
Criminal. Affirms convictions of and sentences for Class B felonies rape, and criminal deviate conduct.

Donald Johnston, et al. v. Carl W. Johnston, et al. (NFP)
43A03-0912-CV-568
Civil. Affirms the trial court’s judgment and order for distribution of sale proceeds.

James Gilman v. State of Indiana (NFP)
48A05-0908-PC-462
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to enter an amended sentencing order.

Kenneth McClung v. State of Indiana (NFP)
49A02-0912-CR-1275
Criminal. Affirms conviction of Class B felony aggravated battery.

V.B. v. Review Board of the Indiana Dept. of Workforce Development and Daimler Chrysler Co. LLC (NFP)
93A02-0911-EX-1140
Civil. Affirms dismissal of V.B.’s appeal of a determination that she was not eligible for benefits.

Lewis Vasquez v. State of Indiana (NFP)
27A02-1002-CR-135
Criminal. Reverses sentence following guilty plea to Class B felonies criminal confinement and burglary while armed with a deadly weapon. Remands for re-sentencing.

John B. Felder v. State of Indiana (NFP)
48A02-0902-CV-156
Civil. Affirms judgment in favor of the state and Department of Correction employees in Felder’s complaint regarding events that allegedly occurred while he was at Pendleton Correctional Facility.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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