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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