ILNews

Opinions July 18, 2011

July 18, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT