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Opinions July 25, 2012

July 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Kenneth Dwayne Vaughn v. State of Indiana
45S05-1112-CR-684
Criminal. Affirms decision not to grant a mistrial. Vaughn did not suffer actual harm from the bailiff restraining him by covering Vaughn’s mouth in front of the jury so he would stop taking.
 
Indiana Court of Appeals
Erasmo Leyva, Jr. v. State of Indiana
02A03-1111-CR-535
Criminal. Affirms conviction of Class A felony child molesting. Sufficient evidence exists from which the trier of fact could find Leyva guilty beyond a reasonable doubt. Judge Baker dissents, believing the victim’s testimony is incredibly dubious.  

North Gibson School Corporation v. Shea Truelock, Brian Douglas, Doyin Barrett, Tony Hensley, et al.
26A01-1111-PL-505
Civil plenary. Reverses denial of the school corporation’s motion to dismiss a lawsuit filed by 13 bus drivers. The drivers, as unsuccessful bidders for a transportation services contract with the school, do not have a private right of action against the school corporation. The school corporation cannot be held liable for compensatory damages under the Indiana Antitrust Act.

In re the Adoption of S.W., Thomas West v. Ronnie D. Sedberry and Sondra Sedberry (NFP)
34A04-1202-AD-77
Adoption. Affirms grant of petition by the Sedberrys to adopt West’s biological daughter.

In Re: The Marriage of John Davis v. Pamela Davis (NFP)
15A05-1112-DR-649  
Domestic relation. Affirms distribution of property.

Paul Lewis v. State of Indiana (NFP)
53A01-1201-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Andrew Huntsman v. State of Indiana (NFP)
57A03-1201-CR-14
Criminal. Affirms sentence imposed following guilty plea to Class A misdemeanor cemetery mischief.

Vaughn Blackburn v. State of Indiana (NFP)
32A04-1112-CR-659
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

In the Matter of the Adoption of A.N.B.; L.T.B. v. C.J.H. (NFP)
26A01-1201-AD-30
Adoption. Affirms order granting stepfather’s petition to adopt A.N.B.

Darnell Tinker v. State of Indiana (NFP)
02A03-1112-CR-587
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Ben J. Davis v. State of Indiana (NFP)
22A04-1107-CR-372
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and status as a habitual offender.

Brad W. Passwater v. State of Indiana (NFP)
48A05-1201-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.

Jimmie I. Immel v. Jennifer W. Immel (NFP)
06A01-1112-DR-600
Domestic relation. Affirms order dissolving marriage and division of assets.

K.S.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
71A03-1112-JV-602
Juvenile. Affirms decision to place K.S.B. in the custody of the Southwest Indiana Regional Youth Village following his adjudication for intimidation.

Anthony Wilson v. State of Indiana (NFP)
89A01-1110-CR-490
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

Sean Shumaker v. State of Indiana (NFP)
43A03-1203-CR-133
Criminal. Affirms trial court allowing the state to file a belated answer to Shumaker’s petition for post-conviction relief and the denial of his motion for default judgment. Reverses summary denial of Shumaker’s PCR petition and remands for further proceedings.

A.K., Father v. T.L., Mother (NFP)
02A04-1112-JP-653
Juvenile paternity. Dismisses father’s appeal of order which in part denied his petition to modify custody.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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