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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. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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