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Opinions March 18, 2014

March 18, 2014
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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.
 

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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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