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Opinions June 17, 2011

June 17, 2011
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The following Indiana Supreme Court opinion was posted after IL deadline Thursday:
In the Matter of Mark R. McKinney
18S00-0905-DI-220
Attorney discipline action. Suspends Mark R. McKinney from the practice of law for 120 days, beginning July 28, for violation of Indiana Professional Conduct Rules.

Today's opinions
Indiana Supreme Court has posted no opinions as of IL deadline.

Indiana Court of Appeals

Shaun M. Berry v. State of Indiana
57A03-1011-CR-579
Criminal. Reverses trial court’s imposition of public defender fee and remands for a determination of Shaun Berry’s ability to pay for his legal services and for clarification of $364 in court costs. Holds the court failed to identify statutory authorization for imposing court costs and failed to make statutorily required finding that Berry had the ability to pay public defender fee.

Involuntary Commitment of T.A.
49A02-1011-MH-1243
Mental health. Affirms involuntary commitment of T.A., holding sufficient evidence exists to support a doctor’s conclusion that T.A. is gravely disabled by mental illness and does not have a realistic plan for self care.

Carlton Wright v. State of Indiana
10A01-1009-CR-517
Criminal. Reverses conviction of Class D felony criminal confinement, citing Indiana’s double jeopardy rules, and remands to trial court to vacate conviction. Affirms conviction of robbery and enhanced sentence, due to criminal history and character.

Danny Holloway v. State of Indiana
49A05-1011-CR-703
Criminal. Affirms sentence of Class B felony burglary, stating sentence was not inappropriate in light of Danny Holloway’s criminal background and character.

Michael W. Baker v. State of Indiana (NFP)
89A01-1010-CR-536
Criminal. Reverses Class B felony burglary conviction and determination that Michael Baker was an habitual offender. Remands for entry of judgment of conviction for criminal trespass and sentence on that offense.

Jason R. Chilafoe v. State of Indiana (NFP)
57A05-1011-CR-711
Criminal. Affirms trial court’s assessment of public defender fees and other court costs and fees.

Cary R. Wollenweber v. Hawkins Enterprises, Inc., et al. (NFP)
32A01-1007-PL-318
Civil plenary. Affirms trial court’s ruling granting summary judgment in favor of Hawkins Enterprises, Inc. doing business as The Mattress Superstore in Wollenweber’s suit alleging violations of the Wage Payment Statute, Wage Claims Statute, and Fair Labor Standards Act.

Damian A. Rosales v. State of Indiana (NFP)
20A05-1010-CR-620
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class D felony possession of more than 30 grams of marijuana, along with aggregate sentence that includes another felony and one misdemeanor charge.

Paul Patterson v. State of Indiana (NFP)
09A02-1009-CR-1041
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Brien E. Franklin v. State of Indiana (NFP)
71A05-1010-CR-732
Criminal. Affirms revocation of probation.

Virgil E. Griffin v. State of Indiana (NFP)
46A03-1003-PC-106
Post-conviction relief. Affirms denial of petition for post-conviction relief.

Travis W. Britt v. State of Indiana (NFP)
49A02-1011-CR-1258
Criminal. Affirms trial court’s revocation of community corrections placement and order that Travis Britt return to the Department of Correction.

Victor Adamson-Scott v. State of Indiana (NFP)
49A05-1010-CR-604
Criminal. Affirms felony murder conviction.

Kasi Ballew v. State of Indiana (NFP)
22A04-1008-CR-555
Criminal. Affirms sentence for Class B felony dealing in a schedule II controlled substance.

Richard E. Dell v. State of Indiana (NFP)
80A04-1009-CR-582
Criminal. Affirms conviction of Class D felony sexual battery.

Indiana Tax Court had posted no opinions as of IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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