Opinions July 7, 2010

July 7, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

In the Matter of: A.C. v. State of Indiana

Juvenile. Reverses adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by an adult. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure to present one’s arms for handcuffing, which the Indiana Supreme Court has said does not constitute forcible resistance.

Leroy Jones v. State of Indiana
Criminal. Reverses convictions of two counts of dealing in cocaine, one as a Class A felony and one as a Class B felony. The evidence was not sufficient to prove Greentree was a family housing complex on the day in question and the jury could not have so found. Because the trial court erroneously instructed the jury as to the meaning of “family housing complex,” Jones’s dealing conviction under Count 1 was enhanced via a statute that, after the acts were committed, changed the elements of the crime with which he was charged. Remands for the Class A felony to be entered as a Class B felony and to re-sentence him consistent with the opinion.

Michael A. Balasquide v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony child molesting and Class B felony incest.

Theodore N. Hannibal v. State of Indiana (NFP)
Criminal. Affirms determination Hannibal is a habitual substance offender. Remands for an amendment to the sentencing order.

Tyshekia Burris v. State of Indiana (NFP)
Criminal. Reverses conviction of Class D felony criminal recklessness.

Sally G. Leonard v. United Farm Family Mutual, et al. (NFP)
Civil. Affirms summary judgment for United Farm Family Mutual on Leonard’s complaint for damages and declaratory relief based on a car accident.

Marco Hernandez-Lopez v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A misdemeanor conversion.

Jonathan Graves v. State of Indiana (NFP)
Criminal. Affirms order revoking probation and ordering Graves serve two years of a previously suspended sentence.

Involuntary Commitment of R.C. (NFP)
Civil. Affirms sufficiency of evidence to support order involuntarily committing R.C. to Community Hospital North Mental Health Center.

Christopher J. Geideman v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for two counts of Class A misdemeanor battery and one count of Class D felony residential entry.

Kevin D. Risner v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies operating a vehicle as a habitual traffic violator, and operating a vehicle while intoxicated with a previous conviction, and the finding Risner is a habitual substance offender.

Kurt O. Elder v. State of Indiana (NFP)
Criminal. Affirms order revoking six years of probation and requiring Elder to remain on probation through the date that he was previously scheduled to be released.

T.H., II et al., Alleged to be C.H.I.N.S.; T.H. & S.H. v. Monroe County Department of Child Services (NFP)
Juvenile. Affirms finding children are CHINS and order that they be removed from the home.

Matthew Baugh v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and imposition of the two-year sentence that had originally been suspended.

Brian L. Riker v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor, Class B felony attempted sexual misconduct with a minor, Class D felony sexual battery, and six counts of Class A misdemeanor contributing to the delinquency of a minor.

Harry Green, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony intimidation, Class C misdemeanor public nudity, Class C misdemeanor operating while intoxicated, and Class C misdemeanor operation of a motor vehicle by an unlicensed driver.

Robin Ann Parks v. Michael and Kathryn Grube (NFP)
Civil. Affirms order granting custody of Parks’ children to the Grubes.

Denise L. Black v. State of Indiana (NFP)
Criminal. Vacates eight-year executed sentence imposed following guilty plea to Class C felony reckless homicide and remands for imposition of a six-year executed sentence.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues