ILNews

Opinions March 18, 2014

March 18, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
David S. Delagrange v. State of Indiana
49S04-1304-CR-249
Criminal. Affirms convictions of four counts of Class C felony attempted child exploitation, finding sufficient evidence supports them. The state did not need to show Delagrange actually succeeded in capturing images of uncovered genitals, just that he took a “substantial step” toward doing so.

Indiana Court of Appeals
Donald Murdock v. State of Indiana
48A02-1306-CR-565
Criminal. Affirms finding that Murdock violated his probation terms when he committed Class A misdemeanor resisting law enforcement after running from a police officer who told him to stop. Well-established Indiana precedent holds that a person may not flee from a police officer who has told him to stop, even if the order is unlawful. Judge Mathias dissents.

Behavioral Health and Human Services Licensing Board, Kimble L. Richardson, George Brenner, Andrew Harner, Geneva Osawe, Rex Stockton, Carla Gaff-Clark, and The State of Indiana v. Elaine Williams
48A05-1304-PL-185
Civil plenary. Affirms the revocation of mental health counselor Elaine Williams’ license. The board afforded Williams fair proceedings and acted within its authority in imposing the sanction of revocation. Finds the trial court also impermissibly reweighed the credibility of the witnesses and substituted its judgment for that of the board when it overturned the revocation after conducting a second hearing.

In the Matter of A.G. and A.K. Children Alleged to be in Need of Services, M.K. v. Indiana Department of Child Services
82A05-1306-JC-297
Juvenile.  Affirms adjudication that A.G. and A.K. are children in need of services. The court’s findings support the remaining conclusions, which support the judgment. Rejects mother’s argument that the rule in Gash v. Kohm, 476 N.E.2d 910, 913 (Ind. Ct. App. 1985) – that the privilege against self-incrimination does not prohibit the trier of fact in a civil case from drawing adverse inferences from a witness’s refusal to testify – should not apply in CHINS proceedings.

Filiberto Rivera v. State of Indiana (NFP)
82A04-1305-CR-264
Criminal. Affirms convictions and sentence for Class C felony burglary, Class D felony theft, and two counts of Class B misdemeanor criminal mischief.

Edgardo Jose Guido v. State of Indiana (NFP)
45A03-1307-CR-286
Criminal. Affirms conviction and sentence for Class B felony incest.

Shawn McWhorter v. State of Indiana (NFP)
73A01-1309-PC-375
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: Bry.B. and B.B. (minor children) and A.B. (Mother) and M.B. (Father) v. Indiana Department of Child Services (NFP)

54A01-1310-JT-450
Juvenile. Affirms involuntary termination of parental rights.

Cecil Koger and Koger's, Inc. v. T&C, Inc., d/b/a I-70 Wrecker Service (NFP)
55A01-1305-CT-187
Civil tort. Affirms partial grant and partial denial of Koger’s motion for summary judgment on certain claims of T&C Inc. in its complaint for damages.

Ronnie D. Conley v. State of Indiana (NFP)
57A03-1308-CR-335
Criminal. Affirms convictions of two counts of Class B felony dealing in a Schedule I, II or III controlled substance.

Harold Weir v. Riverwalk Holdings, LTD (NFP)
18A02-1310-CC-853
Civil collection. Affirms summary judgment for Riverwalk Holdings in an action to collect an indebtedness arising from a credit card account assigned to Riverwalk.  

Dennis Hankins v. State of Indiana (NFP)
30A01-1305-CR-234
Criminal. Affirms conviction of Class C felony attempted burglary.

Gayle Clark, Jr. v. State of Indiana (NFP)
76A05-1305-CR-261
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

Eric Lewis v. State of Indiana (NFP)
36A04-1309-CR-464
Criminal. Affirms five-year sentence for Class C felony nonsupport of a dependent child.

Robert Fultz v. State of Indiana (NFP)
71A03-1311-CR-437
Criminal. Affirms sentence following guilty plea to Class D felony theft and admittance to being a habitual offender.

Henry Woods v. State of Indiana (NFP)
49A02-1308-CR-701
Criminal. Affirms order Woods pay $1,600 in restitution for damage to Bianca Cunningham’s vehicle.

In the Matter of the Termination of the Parent-Child Relationship of: C.O. (Minor Child) and T.E. (Mother) v. The Indiana Department of Child Services (NFP)
06A04-1307-JT-367
Juvenile. Affirms termination of parental rights.

Tony M. Castoreno, Jr. v. State of Indiana (NFP)
12A04-1306-CR-290
Criminal. Affirms convictions of Class C felony battery by means of a deadly weapon and Class A misdemeanor unlawful possession of a firearm by a domestic batterer.

Timothy R. Hartwell v. State of Indiana (NFP)
84A04-1304-CR-208
Criminal. Affirms finding of guilty but mentally ill of Class C felony criminal stalking.

Renee Berry, as Personal Representative of the Estate of Jeffery Berry, Deceased v. Duke Energy Indiana, Inc., d/b/a Duke Energy (NFP)
49A02-1306-CT-483
Civil tort. Affirms judgment in favor of Duke Energy Indiana on Berry’s complaint alleging negligence.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by 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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. 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.

ADVERTISEMENT