ILNews

Opinions July 18, 2011

July 18, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A02-1010-CR-1086
Criminal. Affirms partial denial of motion to dismiss. The state has alleged that Delagrange knowingly or intentionally attempted to create an image of sexual conduct, which is a sufficient statement of Delagrange’s mental state to survive a motion to dismiss. Remands for further proceedings. Judge Baker dissents.

Nathan D. Hawkins v. State of Indiana

79A02-1101-CR-100
Criminal. Affirms denial of Hawkins' sentence modification. The 365-day period during which the trial court has sole discretion to grant a modification began when Hawkins was originally sentenced, not when he was re-sentenced after appeal. Because his motion was filed outside of the one-year period and the prosecutor didn’t consent to a modification, the modification is properly denied. Chief Judge Robb dissents with separate opinion.

Donald Troutner v. State of Indiana
91A04-1012-CR-796
Criminal. Reverses conviction of Class A misdemeanor battery and concurrent sentence because the state presented the same evidence to also support Troutner’s conviction of Class B felony robbery. The trial court erred when it limited the testimony of Troutner’s niece, but it was a harmless error, so the robbery conviction is affirmed.

BP Products North America, et al. v. Indiana Office of Utility Consumer Counselor, et al.

93A02-0905-EX-490
Agency action. On rehearing, reverses the Indiana Utility Regulatory Commission’s decision that BP Products was not a public utility with respect to the furnishing by it of natural gas it purchased from the Northern Indiana Public Service Co. to Marsulex. The COA declared this issue to be moot as a result of the resolution of other issues on appeal, which was an incorrect conclusion. Remands for further proceedings and affirms original decision in all other matters.  

Donald Glorioso v. Carla Glorioso (NFP)
64A03-1012-DR-620
Domestic relation. Affirms finding Donald Glorioso in contempt of court in a dissolution matter.

Gregory D. Harris v. State of Indiana (NFP)
49A04-1012-CR-787
Criminal. Affirms revocation of placement on home detention.

Vincent B. Hunter, Jr. v. State of Indiana (NFP)
71A04-1012-CR-788
Criminal. Affirms convictions of Class B felony burglary and Class D felony animal cruelty.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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