ILNews

Opinions March 11, 2011

March 11, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinion was posted after IL deadline Thursday.
Indiana Supreme Court
David K. Murphy v. State of Indiana
18S02-1103-CR-142
Criminal. Reverses trial court ruling that Murphy submit his request for six months of educational credit time for receiving his GED while awaiting sentencing to the Department of Correction. Adopts the result reached by the Indiana Court of Appeals that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time. Remands for further proceedings.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.

Claudia Scott v. State of Indiana (NFP)
49A05-1006-CR-385
Criminal. Affirms on interlocutory appeal the denial of Scott’s motion to suppress.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A05-1007-DR-446
Domestic relation. The trial court abused its discretion by assigning a value of $181,800 to Kenneth’s vested pension without consideration of the present value of the benefit. Affirms in all other respects. Remands for further proceedings.

Steven A. Ratliff v. Marlene M. (Ratliff) Bontzolakes (NFP)
41A01-1005-DR-242
Domestic relation. Dismisses Ratliff’s appeal of the trial court order that he pay for college expenses incurred by his daughter.

Justin Looney v. State of Indiana (NFP)
20A03-1007-CR-395
Criminal. Affirms conviction of Class A felony dealing in cocaine but reverses his sentence and remands for re-sentencing. The trial court abused its sentencing discretion in finding Looney’s juvenile record and his lack of steady employment to be an aggravating circumstance.

Indiana Tax Court had posted no opinions at 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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT