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Opinions June 13, 2014

June 13, 2014
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Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Randy L. Knapp v. State of Indiana
28S00-1305-LW-327
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.

Indiana Court of Appeals
Brian S. Moore v. Kristy L. Moore
49A04-1310-DR-499
Domestic relation. Reverses contempt finding against Brian Moore and 30-day suspended jail sentence. The trial court improperly denied his request for the appointment of counsel. Remands for the trial court to determine if he is indigent and, if so, to appoint counsel to represent him at a new contempt hearing.

Robert L. Slone v. State of Indiana
17A03-1312-CR-496
Criminal. Affirms 24-year sentence after Robert L. Slone pleaded guilty to three counts of burglary in two separate causes. The fact that the state chose to join charges for trial does not prove that Slone’s criminal actions arose from a single episode of criminal conduct, therefore, the court did not abuse its discretion in sentencing.

In the Matter of the Adoption of M.S.; C.L.S., v. A.L.S.
20A03-1306-AD-217
Adoption. Affirms trial court’s order granting stepmother’s petition to adopt minor daughter, M.S. Rejects mother’s argument that the trial court’s calculation of her child support arrearage as the equivalent of one year of missed payments was improper. Concludes that interpreting Indiana statute as meaning a parent must fail to pay child support for one entire calendar year could lead to absurd consequences. Also finds the adoption was in M.S.’s best interests.

Jonathan Stephens v. State of Indiana

85A02-1306-CR-518
Criminal. Affirms Class C felony criminal confinement conviction. There is sufficient evidence to support the conviction; Stephens’ attorney did not provide ineffective assistance; and, although the prosecutor made one improper remark during closing arguments, Stephens could not prove fundamental error. Remands with instructions for trial court to correct the sentencing order, abstract of judgment and chronological case summary to reflect that an 8-year habitual offender enhancement serves as an enhancement of the criminal confinement conviction.

Randolph Kelley v. State of Indiana and Paige A. Devlin
02A03-1308-CR-329
Criminal. Affirms trial court order awarding Devlin a $50,000 credit toward restitution in Kelly’s favor. The criminal court did not commit reversible error when it granted Devlin a credit toward the restitution order based on her insurer’s payment of damages pursuant to a civil settlement to satisfy the criminal court’s restitution order of $59.974.87 for injuries Kelley suffered as a result of Devlin operating a vehicle while intoxicated.

Lakhvir Singh v. State of Indiana (NFP)

49A02-1309-CR-761
Criminal. Affirms convictions of Class B felony rape, Class B felony attempted criminal deviate conduct, Class D felony sexual battery, Class D felony strangulation and Class A misdemeanor domestic battery.

Dena Alfayyad v. U.S. Bank National Association as Trustee for RASC 2007KS3 (NFP)
29A02-1307-MF-652
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank National Association.

In the Matter of: A.H., Jb.H., and Je.H., Children in Need of Services, C.P. v. The Indiana Department of Child Services (NFP)
34A05-1401-JC-1
Juvenile. Affirms adjudication of children in need of services.

Indiana Supreme Court and Indiana Tax Court issued no opinions Friday by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline.
 

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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