ILNews

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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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