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Opinions March 11, 2011

March 11, 2011
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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.
 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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