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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

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.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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