ILNews

Opinions July 7, 2010

July 7, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

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

49A04-0912-JV-682
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
27A02-1002-CR-168
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)
49A02-0912-CR-1238
Criminal. Affirms convictions of Class A felony child molesting and Class B felony incest.

Theodore N. Hannibal v. State of Indiana (NFP)
34A02-1002-CR-130
Criminal. Affirms determination Hannibal is a habitual substance offender. Remands for an amendment to the sentencing order.

Tyshekia Burris v. State of Indiana (NFP)
49A02-0911-CR-1133
Criminal. Reverses conviction of Class D felony criminal recklessness.

Sally G. Leonard v. United Farm Family Mutual, et al. (NFP)
71A03-0909-CV-444
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)
49A02-0912-CR-1178
Criminal. Affirms sentence for Class A misdemeanor conversion.

Jonathan Graves v. State of Indiana (NFP)
49A02-0912-CR-1284
Criminal. Affirms order revoking probation and ordering Graves serve two years of a previously suspended sentence.

Involuntary Commitment of R.C. (NFP)
49A02-0912-CV-1229
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)
71A05-1002-CR-63
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)
75A03-0907-CR-300
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)
28A04-1002-CR-67
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)
53A01-0911-JV-548
Juvenile. Affirms finding children are CHINS and order that they be removed from the home.

Matthew Baugh v. State of Indiana (NFP)
18A02-0911-CR-1155
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)
14A01-0909-CR-451
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)
02A04-1003-CR-178
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)
83A05-0911-CV-652
Civil. Affirms order granting custody of Parks’ children to the Grubes.

Denise L. Black v. State of Indiana (NFP)
45A03-0912-CR-572
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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

ADVERTISEMENT