ILNews

Opinions July 6, 2010

July 6, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

Today’s opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Derrick Bush v. State of Indiana
49A02-0907-CR-682
Criminal. On rehearing, reaffirms its ruling reversing Bush’s conviction of carrying a handgun without a license. Court of Appeals originally reversed the conviction after it held a canine sniff and resulting warrantless search of Bush’s automobile violated the Fourth Amendment because the state did not meet its burden of showing the traffic stop was not unreasonably prolonged or there was independent reasonable suspicion to justify the canine sniff.

George H. Culbertson v. State of Indiana
63A01-1002-CR-68
Criminal. Affirms Culbertson’s conviction following a bench trial for Class C felony nonsupport of a dependent child. The total amount of support arrearage due was $37,400. Following a sentencing hearing on Dec. 3, 2009, the trial court sentenced Culbertson to eight years, with two years suspended to probation.

Terry Huddleston v. State of Indiana (NFP)
15A04-0912-CR-705
Criminal. Affirms conviction of and sentence for possession of a controlled substance with intent to deliver following guilty plea.

Sylvario Wilson v. State of Indiana (NFP)
79A05-1003-CR-158
Criminal. Affirms trial court’s denial of motion to withdraw a guilty plea. Remands for clarification of sentence or a new sentencing determination.

L.M., et al., Alleged to be Children in Need of Services; N.D. v. Marion County Dept. of Child Services and Child Advocates Inc. (NFP)
49A04-0911-JV-644
Juvenile. Reverses juvenile court’s adjudication of children, Le.M., L.M. Jr., and J.D., as children in need of services.
 
Roger L. Storey v. State of Indiana (NFP)
57A05-1001-CR-40
Criminal. Affirms six-year executed sentence following a guilty plea to Class C felony nonsupport of a dependent child.
 
Bryan Claywell v. State of Indiana (NFP)
49A02-0912-CR-1214
Criminal. Reverses conviction following bench trial for Class A felony child molesting.
 
Vidal Clayton v. State of Indiana (NFP)
21A01-1001-CR-9
Criminal. Affirms trial court’s order that the sentence imposed following guilty plea to Class A felony conspiracy to commit murder be served consecutively to a sentence imposed following an unrelated conviction.
 
Frank Byers v. State of Indiana (NFP)
49A02-0910-CR-966
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class C felony criminal confinement.
 
Benjamin L. Underwood v. State of Indiana (NFP)
20A05-0912-CR-707
Criminal. Affirms convictions of and sentences for murder and conspiracy to commit aggravated battery.
 
H & L Motors, LLC v. Millennium Auto Group Inc. (NFP)
43A03-1002-PL-105
Civil. Affirms trial court’s order dismissing H&L Motors’ complaint against Millennium Auto Group Inc.

Indiana Tax Court posted no opinions before IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT