ILNews

Opinions July 23, 2010

July 23, 2010
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Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
David K. Murphy v. State of Indiana
18A02-1002-CR-213
Criminal. Reverses and remands trial court’s decision denying Murphy educational credit time. Murphy contended the trial court is the proper authority to determine whether to grant educational credit time for receiving his general educational development diploma prior to sentencing. The Court of Appeals agreed.
 
Norman A. Donovan v. State of Indiana (NFP)
55A01-0912-CR-617
Criminal. Remands with instructions to merge operating a vehicle while intoxicated conviction into his operating with a 0.08 alcohol concentration equivalent conviction, vacate the OWI conviction, and enter judgment on the ACE conviction. Affirms in all other respects.

Willie L. Jackson v. State of Indiana (NFP)
90A02-1001-CR-23
Criminal. Affirms order to pay $1,767 in restitution.
 
Jimmy Yarbrough v. State of Indiana (NFP)
49A02-0912-CR-1217
Criminal. Affirms conviction of burglary as a Class B felony.
 
Kyla Phillips v. Hook-SuperX, Inc. (NFP)
36A01-1003-CT-142
Civil. Affirms trial court’s denial of Phillips’ motion for relief from judgment.
 
Frank Guajardo v. State of Indiana (NFP)
79A02-0912-CR-1234
Criminal. Affirms conviction and sentence because Guajardo may not challenge his guilty plea on direct appeal. However, the trial court erred by imposing a public defender fee without finding Guajardo had the ability to pay; the fee is reversed and the case remanded for a determination of Guajardo’s ability to pay.

Shawn M. Swartout v. State of Indiana (NFP)
92A05-1002-CR-66
Criminal. Affirms convictions of Class D felony possession of methamphetamine, Class D felony possession of a narcotic drug, Class A misdemeanor possession of marijuana, and Class A misdemeanor possession of paraphernalia.

Thomas Christman v. Matthew Christman (NFP)
85A02-0910-CV-1014
Civil. Affirms trial court’s judgment in Thomas Christman’s action to partition land filed against his son Matthew.

James E. Jennings v. State of Indiana (NFP)
87A01-1002-CR-34
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Anthony Franklin v. State of Indiana (NFP)

49A02-0912-CR-1241
Criminal. Affirms murder conviction following a bench trial.

James Ingersoll v. State of Indiana (NFP)
75A03-0911-CR-540
Criminal. Affirms post-conviction court’s denial of request for education credit time.

Wesley Smith v. State of Indiana (NFP)
55A01-0909-PC-440
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Khalid M. Jackson-Bey v. State of Indiana (NFP)
45A04-0911-CR-646
Criminal. Affirms convictions of robbery, confinement, and battery.

Indiana Tax Court posted no opinions before IL deadline.
 

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  1. 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.

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

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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