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Opinions June 24, 2010

June 24, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Douglas Covey v. State of Indiana
30A01-0906-CR-311
Criminal. Affirms convictions of dealing in methamphetamine as a Class A felony, possession of methamphetamine as a Class B felony, possession of methamphetamine as a Class B felony, possession of marijuana as a Class A misdemeanor, and possession of paraphernalia a Class A misdemeanor. The state presented sufficient evidence to prove that Crosby lived in an “apartment complex” and thus Covey delivered the methamphetamine and possessed the methamphetamine in or within 1,000 feet of a “family housing complex.” Because Covey never placed the mitigating factors of Indiana Code Section 35-48-4-16(b) at issue, the trial court did not commit fundamental error by not instructing the jury on those mitigating factors.

Donald Wilson v. State of Indiana (NFP)

10A04-1001-PC-12
Post conviction. Affirms denial of petition for post-conviction relief.

Androuckoo Jones v. State of Indiana (NFP)
49A02-0911-CR-1108
Criminal. Affirms convictions of two Class A misdemeanors, one for domestic battery, and one for resisting law enforcement.

Term. of Parent-Child Rel. of G.W.; J.W. v. IDCS (NFP)
48A02-0910-JV-1042
Juvenile. Affirms involuntary termination of parental rights.

Carleon M. Ragsdale v. State of Indiana (NFP)
02A03-0912-CR-595
Criminal. Affirms sentence following guilty plea to Class D felonies criminal recklessness and resisting law enforcement, and Class A misdemeanor possession of a firearm by a domestic batterer.

James Walsh v. State of Indiana (NFP)
52A05-0911-CR-667
Criminal. Reverses sentence following guilty plea to Class B felony burglary and admission to being a habitual offender. Remands with instructions.

R.D. v. State of Indiana (NFP)
49A02-0909-JV-840
Juvenile. Affirms adjudication for committing what would be Class D felony criminal recklessness if committed by an adult.

Anthony H. Taylor v. State of Indiana (NFP)
71A03-0912-CR-602
Criminal. Reverses adjudication as a habitual offender.

Terrence Hopson v. State of Indiana (NFP)
29A02-0912-CR-1239
Criminal. Affirms conviction of Class B felony burglary.

Virgil J. Smith v. State of Indiana (NFP)
85A02-1001-CR-176
Criminal. Revises sentence following guilty plea to Class B felony robbery and remands for the trial court to order concurrent sentences for the robbery conviction and an unrelated case.

Robertson Developers v. Jerry Hodges, et al. (NFP)
18A02-0910-CV-1051
Civil. Affirms judgment in favor of defendants Hodges and others upon a claim for payment of lease. Remands for determination of reasonable attorney fees.

K. K. B. v. R. K. B. (NFP)
26A05-0910-CV-595
Civil. Affirms evidence supports all but one of the findings in the order entry awarding physical custody of children to father. Reverses finding that Mother did not adequately investigate S.B.’s allegation of sexual abuse is not supported by the evidence. Remands for the dissolution court to reconsider the remaining findings and the other evidence from the hearing on final custody in order to determine what physical custody order is in the children’s best interests, or, if no change to the custody award is indicated, to so state.

Term. of Parent-Child Rel. of J.K., et al.; S.K. v. IDCS (NFP)

71A03-1002-JT-94
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. 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.

  5. 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?

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