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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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