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
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)
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)
Criminal. Affirms order to pay $1,767 in restitution.
Jimmy Yarbrough v. State of Indiana (NFP)
Criminal. Affirms conviction of burglary as a Class B felony.
Kyla Phillips v. Hook-SuperX, Inc. (NFP)
Civil. Affirms trial court’s denial of Phillips’ motion for relief from judgment.
Frank Guajardo v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class C misdemeanor.

Anthony Franklin v. State of Indiana (NFP)

Criminal. Affirms murder conviction following a bench trial.

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

Wesley Smith v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Khalid M. Jackson-Bey v. State of Indiana (NFP)
Criminal. Affirms convictions of robbery, confinement, and battery.

Indiana Tax Court posted no opinions before IL deadline.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon