ILNews

Opinions June 1, 2011

June 1, 2011
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Indiana Supreme Court
Jeffery Sloan v. State of Indiana
18S04-1009-CR-502
Criminal. Affirms convictions of and sentence for Class A felony and Class C felony child molesting. Holds once concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code 35-41-4-2(h) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant. Also holds that under the facts of this case, there was no double jeopardy violation because each challenged offense was established by separate and distinct facts. Justices Sullivan and Rucker dissent.
 
Indiana Court of Appeals
Eddie Vance, Jr. v. State of Indiana
18A04-1011-CR-701
Criminal. Affirms decision to recommit Vance to the Department of Correction because he was released for parole prematurely. The trial court had personal jurisdiction over him and acted within a reasonable time when it reordered him back to the DOC.

Jonathan Wirth v. American Family Mutual Insurance Co.
22A01-1009-CT-440
Civil tort. Affirms summary judgment in favor of American Family Mutual Insurance, in which the court found American Family is entitled to repayment of its medical lien pursuant to its insurance contract with Wirth. Wirth negotiated his settlement with the tortfeasor, which was completely satisfied as evidenced by the executed Release of All Claims form. In absence of any evidence that the settlement was reasonable and American Family’s lien should be reduced, American Family is entitled to complete repayment of its medical lien.

Antione A. Smith v. State of Indiana (NFP)
49A02-1010-CR-1162
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor resisting law enforcement.

Joseph K. Todd v. State of Indiana (NFP)
43A03-1011-CR-566
Criminal. Affirms sentence following guilty plea to Class D felony failure to appear.

Julius Cabell v. State of Indiana (NFP)
82A01-1010-CR-548
Criminal. Affirms denial of motion to suppress marijuana and statements made to police.

William Soper v. State of Indiana (NFP)
49A05-1009-CR-611
Criminal. Affirms denial of motion for jail time credit.

I
nvoluntary Commitment of A.K. (NFP)
18A02-1011-MH-1199
Mental health. Affirms order for A.K.’s regular involuntary commitment.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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