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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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