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Opinions June 13, 2012

June 13, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael W. Baker v. State of Indiana
89S01-1109-CR-543
Criminal. Affirms conviction of Class B felony burglary, finding the evidence suggesting that Baker opened cupboards and drawers in the kitchen is enough to support a reasonable inference that the defendant entered the church with intent to commit theft inside.

Wednesday’s opinions
7th Circuit Court of Appeals

United States of America v. Cristofer Tichenor
11-2433
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Criminal. Affirms 300-month sentence following guilty plea to armed robbery and discharging a firearm in connection with robbing a bank. Rejects Tichenor’s argument that the career offender sentencing guideline is unconstitutionally vague, finding that the guidelines are not susceptible to vagueness challenges and the U.S. Sentencing Commission did not exceed its authority by promulgating the “crime of violence” definition.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc.
49A02-1110-JC-1025
Juvenile. Reverses determination that children are in need of services. There is insufficient evidence to support the determination that the children’s physical or mental conditions were seriously impaired or endangered as a result of the inability, refusal or neglect of the parent to supply the children with food, clothing, shelter, medical care, education or supervision.

Anthony D. Gorman v. State of Indiana
49A05-1110-CR-556
Criminal. Affirms convictions of two counts of Class B felony robbery while armed with a deadly weapon. There is sufficient evidence to support his convictions.

Dennis Jack Horner v. Marcia (Horner) Carter
34A02-1111-DR-1029
Domestic relation. Affirms denial of Horner’s request to modify the terms of a mediated settlement agreement. Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses, so the trial court erred in excluding the evidence of mediation communications to establish that a mistake occurred in drafting the agreement.  But his testimony about the mediation communications falls short of establishing any mistake that might entitle him to relief, so this was a harmless error. The trial court properly determined that the agreement in this case provided for a property settlement that survived Carter’s remarriage.

Chad Stewart v. State of Indiana (NFP)
79A02-1110-CR-972
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.

Auto Liquidation Center, Inc. v. McKesha Bates (NFP)
02A03-1111-SC-553
Small claim. Affirms judgment in favor of Bates on her breach of contract and criminal conversion claims. Remands for calculation of appellate attorney fees owed to Bates.

Carl D. Jackson, Jr. v. State of Indiana (NFP)
20A03-1111-CR-500
Criminal. Affirms conviction of Class D felony battery.

Anthony Michael Beck and Sandra Beck, natural parents and next friends of Jacob Leslie Beck, minor v. Scott Memorial Hospital and Larry Hunefeld, M.D. (NFP)
72A01-1107-CC-293
Civil collection. Affirms grant of a motion in limine filed by Scott Memorial Hospital.

 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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