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Opinions June 16, 2010

June 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

M.T. v. State of Indiana
49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence of the probation violations it alleged and the state violated M.T.’s due process rights.

Jason G. Ertel v. State of Indiana
29A02-0908-CR-824
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable suspicion to conduct an investigatory stop.

John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club

82A01-0910-CV-510
Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether the deadmen installed on the landowners’ property are a nuisance or a trespass.

Paternity of R.M.; N.C. v. K.M. (NFP)
02A03-1001-JP-21
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule 76(B).

David Mazhandu v. State of Indiana (NFP)

49A02-0909-CR-890
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

James D. Boyd v. State of Indiana (NFP)
90A04-1001-CR-30
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40 years in prison.

Rocky D. Beavers Jr. v. State of Indiana (NFP)
79A02-1002-CR-96
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.

Herman F. Filice v. State of Indiana (NFP)
49A02-0911-CR-1109
Criminal. Affirms denial of motion to “remove sexually violent predator status.”

J.M. Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)
20A03-0910-JV-480
Juvenile. Affirms finding that J.M. is a child in need of services.

Michael R. Pollard, Jr. v. State of Indiana (NFP)

45A05-0910-CR-594
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Rickey D. Gosha v. State of Indiana (NFP)

48A02-0910-CR-1006
Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.

Lorenzo Borders v. City of Elkhart, Ind., et al. (NFP)
20A03-0907-CV-346
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in favor of the City of Elkhart, et al.

George Cox, et al. v. Honorable Roger D. Davis (NFP)
31A01-0912-CV-571
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.

Jason Wells v. State of Indiana (NFP)
49A02-1004-CR-377
Criminal. Affirms conviction of Class C felony child molesting.

James A. Barber v. State of Indiana (NFP)
29A02-0909-CR-916
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of sexual misconduct with a minor as Class B felonies.

Larry Andrew Anderson v. State of Indiana (NFP)
82A04-0911-CR-656
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony possession of a legend drug.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. 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.

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

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