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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
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.
 

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  1. 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 .....

  2. 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.

  3. 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

  4. 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

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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