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Opinions March 23, 2012

March 23, 2012
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The 7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Troy R. Smith v. State of Indiana
35S02-1106-CR-369
Criminal. Affirms trial court’s judgment to revoke probation for Troy Smith on grounds that he failed to pay weekly child support as a condition of his probation. Justices disagreed with Smith’s appellate argument that state failed to carry its burden of proof that his failure to pay was reckless, knowing or intentional.

Brice Webb v. State of Indiana
71S05-1106-CR-329
Criminal. Reverses murder conviction and remands for a new trial, finding the trial court inproperly denied a request for jury instruction on a lesser offense of reckless homicide. Finds evidence is sufficient to support the jury’s guilty verdict, but evidence also created serious evidentiary dispute about his acting knowingly or recklessly. Trial court committed reversible error by not instructing the jury on a lesser-included offense. Justice Steven David and Chief Justice Randall Shepard dissented in a separate opinion.

Indiana Court of Appeals
The Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders
43A01-1103-PL-136
Civil plenary. Affirms trial court’s dismissal of a lawsuit against Keystone Builders involving an independent subcontractor who fell off a ladder, broke his neck and died. Finds the trial court properly granted a motion to set aside default judgment and a motion to dismiss the estate’s action.

City of Evansville and Evansville Water and Sewer Utility v. United States Fidelity and Guaranty Company, et al.
49A02-1104-PL-375
Civil Plenary. Affirms trial court’s grant of summary judgment in favor of insurance companies regarding city’s lawsuit about coverage for pollution discharge into local waterways. Holds that trial court properly determined the insurers were entitled to summary judgment because the city was seeking coverage for projects to prevent future discharges of combined-sewer overflows rather than to remediate past discharges.

Schwala Royal v. State of Indiana (NFP)
02A04-1108-CR-486
Criminal. Affirms Class D felony conviction of prostitution.
 
Athena Y. Collins v. State of Indiana (NFP)
45A03-1104-CR-168
Criminal. Reverses jury conviction of Class A felony voluntary manslaughter. Affirms in part on grounds that trial court did not err in giving a jury instruction. Remands for a new trial.

William H. Lane v. Connie S. Lane (NFP)
18A02-1107-DR-668
Divorce. Affirms trial court’s division of property in a husband and wife’s dissolution of a second marriage.

Indiana  Tax Court had posted no opinions at IL deadline.



 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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