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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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