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
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
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
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
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
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. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit