Opinions March 27, 2013

March 27, 2013
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Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.

State of Indiana v. Antonio Gonzalez-Vazquez
Post conviction. Reverses denial of state’s motion to correct error challenging the grant of summary judgment to Gonzalez-Vazquez on his petition for post-conviction relief. The post-conviction court erred in striking the state’s response as untimely. Remands for further proceedings.

Michael L. Harris v. State of Indiana
Criminal. Finds Harris’ conviction of Class A misdemeanor sex offender internet offense under I.C. 35-42-4-12 violates the First Amendment and reverses his conviction. His constitutional challenges to I.C. 11-8-8-8(a)(7) under the First Amendment and under Article 1, sections 9 and 24 of the Indiana Constitution fail. The state produced sufficient evidence to support Harris’ conviction of failure to register as a sex offender under that statute. Judge Crone concurs in part and concurs in result in part with separate opinion.

In Re The Guardianship of A.J.A. and L.M.A., J.C. v. J.B. and S.B.

Guardianship. Reverses order vacating paternal grandmother J.C.’s grandparent visitation rights on the basis the trial court that initially granted these rights lacked the statutory authority to do so. Concludes that although the grandmother lacked standing to pursue the original grandparent visitation order, the guardians’ objections to her want of standing were waived when they failed to appeal the original order. Also concludes the grandmother’s visitation rights were not terminated by the adoption of the girls because they were adopted by J.B., who is their uncle, and his partner.

Joseph J. Scott v. State of Indiana
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions to impose a sentence of 23 years, all executed, for the guilty plea of Class B felony operating a vehicle with a BAC of at least 0.18 grams per deciliter and Class B felony resisting law enforcement causing death. Scott is entitled to relief due to ineffective assistance of trial counsel.

Marc Stults v. State of Indiana (NFP)

Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.

Pamela A. Thompson v. Carroll E. Thompson (NFP)

Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.

In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.

William D. Everage, Jr. v. State of Indiana (NFP)

Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon