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
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
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.
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
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
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)
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)
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)
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)
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)
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Brien E. Franklin v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

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

Travis W. Britt v. State of Indiana (NFP)
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)
Criminal. Affirms felony murder conviction.

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

Richard E. Dell v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony sexual battery.

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


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