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Opinions July 29, 2014

July 29, 2014
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Indiana Court of Appeals
Ryan E. Bean v. State of Indiana
91A02-1310-CR-912
Criminal. Reverses conviction of Class A felony child molesting. Finds Bean was denied a fair trial because of fundamental error. Testimony from the victim’s mother and an Indiana Department of Child Services investigator impermissibly vouched for the victim’s credibility and invaded the province of the jury to determine the validity of the witness’s statements. The prosecutor reinforced this vouching testimony in his closing arguments. Also, the prosecutor committed misconduct when he asked the county sheriff about the process for investigating child molesting allegations in general. The sheriff’s testimony left the jurors wondering what Bean told police and, therefore, penalized the defendant for invoking his right to counsel.

Richard Dodd v. State of Indiana (NFP)
71A03-1312-CR-475
Criminal. Affirms resentencing order of 55 years in prison for conviction of Class A felony attempted murder and class C felony burglary.

Martin's Markets, Inc., Dale Martin and Alisa Martin v. Coonie's Corner, LLC (NFP)
72A05-1401-MF-41
Mortgage foreclosure. Affirms trial court denial of Martin’s Markets’ motion to deem a judgment against them in favor of Coonie’s Corner discharged.

Charles Gaylor v. State of Indiana (NFP)
15A01-1312-CR-520
Criminal. Affirms sentence imposed by the trial court after Gaylor admitted violating terms of probation.

Jaime Miguel Cordero v. State of Indiana (NFP)
45A04-1401-CR-28
Criminal. Affirms 45-year aggregate sentence and convictions of Class A felony criminal deviate conduct and Class B felony burglary.

In Re: The Petition of John Oberleas for Issuance of Tax Deed, Tax Sale Certificates #801063, 801066, 801067, 801068, Parcel No. 006-00168-00; 006-01232-00; 006-01233-00; 006-01234-00; et al (NFP)
80A05-1402-MI-70
Miscellaneous. Affirms trial court’s denial of Rushmore Loan Management Services, LLC’s motion to set aside an order directing issuance of tax deeds and the tax sale of a property to which it had obtained an interest.

William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. On rehearing, reaffirms Hodapp’s conviction of Class B felony incest.

Mark Keaton v. Christine L. Zook (NFP)
53A01-1401-PL-38
Civil plenary. Affirms grant of summary judgment on favor of Christine Zook on Mark Keaton’s malicious prosecution and abuse of process claims.

Grover E. Lowe v. State of Indiana (NFP)
76A04-1311-CR-572
Criminal. Affirms conviction of Class B felony possession of methamphetamine.

John Hollins v. State of Indiana (NFP)
49A02-1308-PC-719
Post-conviction. Affirms denial of relief from Hollins’ 110-year aggregate sentence for convictions of three counts of Class A felony rape, one count of Class A felony criminal deviate conduct, one count of Class B felony criminal confinement and his adjudication as a habitual offender.

Joshua W. Doughty v. State of Indiana (NFP)
30A01-1311-CR-483
Criminal. Affirms 40-year executed sentence for conviction of Class A felony child molesting.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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