Opinions March 18, 2014

March 18, 2014
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Indiana Supreme Court
David S. Delagrange v. State of Indiana
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
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
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
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)
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)
Criminal. Affirms conviction and sentence for Class B felony incest.

Shawn McWhorter v. State of Indiana (NFP)
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)

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)
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)
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)
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)
Criminal. Affirms conviction of Class C felony attempted burglary.

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

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

Robert Fultz v. State of Indiana (NFP)
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)
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)
Juvenile. Affirms termination of parental rights.

Tony M. Castoreno, Jr. v. State of Indiana (NFP)
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)
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)
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.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...