ILNews

Opinions June 27, 2012

June 27, 2012
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Michael Sharp v. State of Indiana
12S02-1109-CR-544
Criminal. Affirms sentence for two counts of child molesting, one as a Class A felony and one as a Class C felony. Holds that credit time status may be considered by an appellate court exercising its review and revise authority. Finds that Sharp’s sentence of 40 years, with a minimum possible sentence of 34.29 years after taking into account credit time, is appropriate.

Wednesday’s opinions
7th Circuit Court of Appeals

A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend
11-2581
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Dismisses appeal of the order denying A.B.’s motion for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court. Since A.B. has already been evicted, the appeal is moot.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Gunther Kranz and Carol Kranz v. Meyers Subdivision Property Owners Association, Inc., Christopher Bartoszek, and Indiana Dept. of Natural Resources
75A03-1112-PL-577
Civil plenary. Affirms trial court affirmation of the decision by the administrative law judge that easement holders should be allowed to have a group pier on Bass Lake and the Kranzes should move their pier to accommodate the group pier. The Natural Resources Commission has jurisdiction to render a decision regarding property rights to the extent necessary to implement the permit process and the only effect of the NRC’s decision on the Kranzes’ property rights was to relocate the pier. The pier was no less usable in the location chosen by the NRC.

Fili Moala v. State of Indiana
49A02-1109-CR-870
Criminal. Reverses conviction of Class C misdemeanor operating a vehicle while intoxicated due to double jeopardy violations. The operating while intoxicated conviction has the less severe penal consequences. Affirms conviction of Class B misdemeanor public intoxication. Remands with instructions to vacate the Class C misdemeanor conviction.

Cory Heinzman v. State of Indiana
29A02-1012-CR-1327
Criminal. Affirms convictions of three counts of Class C felony child molesting in one cause and conviction following guilty plea to Class D felony sexual battery in another cause. The delay in Heinzman’s trial did not violate his constitutional right to a speedy trial, the admission of certain evidence was allowed, and there is no error in his sentence.

 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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