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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. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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