Opinions July 6, 2010

July 6, 2010
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Today’s opinions

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Derrick Bush v. State of Indiana
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
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)
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)
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)
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)
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)
Criminal. Reverses conviction following bench trial for Class A felony child molesting.
Vidal Clayton v. State of Indiana (NFP)
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)
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)
Criminal. Affirms convictions of and sentences for murder and conspiracy to commit aggravated battery.
H & L Motors, LLC v. Millennium Auto Group Inc. (NFP)
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.


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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