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Opinions July 15, 2013

July 15, 2013
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Indiana Court of Appeals
Tuan Chu v. State of Indiana
49A04-1210-CR-495
Criminal. Affirms convictions for three counts of Class D felony evasion of income tax, three counts of Class D felony theft, and one county of Class D felony failure to remit or collect sales tax. Chu appealed on the grounds that the nonpayment penalty of $280,326.62 and his criminal convictions violated double jeopardy principles. The COA stated it was not convinced that the nonpayment penalties were punishments for double jeopardy purposes and it disagreed with Chu’s assertion that the imposition of the nonpayment penalties was conditioned on the commission of a crime.

Darnell Chivers v. State of Indiana (NFP)
24A01-1205-PC-206
Post conviction. Reaffirmed the denial of post-conviction relief. In a rehearing clarifying its earlier opinion, the COA reaffirmed in all respects. Found Chivers was not denied effective assistance from counsel and his guilty plea was voluntary.

Jeffrey E. Howell v. State of Indiana (NFP)
47A05-1211-CR-590
Criminal. Affirms denial of Howell’s motion for the return of a laptop computer, data storage devices and other laptop accessories seized by law enforcement.

Gary McCoy v. Sandra Kay Roberts (NFP)
48A04-1211-DR-590
Domestic relation. Affirms denial of McCoy’s motion pursuant to Trial Rule 60(B)(8). Concluded McCoy did not show prima facie error with regard to the denial.

Andre Hairston v. State of Indiana (NFP)
02A05-1211-CR-601
Criminal. Affirms Hairston’s two convictions for dealing in cocaine as Class B felonies.

Andrew Albert Graovac v. State of Indiana (NFP)
29A02-1208-CR-652
Criminal. Affirms conviction for resisting law enforcement as a Class A misdemeanor. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/july/07151302.lmb.pdf

Mack A. Sims v. State of Indiana (NFP)
20A03-1210-PC-431
Post Conviction. Affirms denial of post-conviction relief. Found the state’s nondisclosure that the victim had undergone hypnosis to sharpen his recollection of the shooting did not materially affect the outcome of Sims’ trial.

Marc A. Anderson v. State of Indiana (NFP)
03A01-1302-CR-75
Criminal. Affirms revocation of probation. Ruled the lower court did not abuse its discretion in determining Anderson’s sanction for violating the terms of his probation.

The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

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  1. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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