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Opinions May 10, 2012

May 10, 2012
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7th Circuit Court of Appeals posted no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Allison Riggle v. State of Indiana
49A05-1109-CR-472
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. The traffic stop was invalid because Riggle did not commit a traffic violation. Remands with instructions to vacate her conviction.

Latisha Lawson v. State of Indiana
02A03-1107-CR-350
Criminal. Affirms convictions of murder, Class C felony neglect of a dependent, Class D felony neglect of a dependent and Class D felony battery. There is sufficient evidence to support the jury’s rejection of Lawson’s insanity defense.

Thomas A. Neu and Elizabeth A. Neu, and Wells Fargo Bank, N.A. v. Brett Gibson
49A02-1109-MF-842
Mortgage foreclosure. Reverses denial of the Neus’ motion for relief from judgment and their request for attorney fees following Gibson’s full credit bid during a sheriff’s sale of real property located in Michigan. Remands with instructions to award the Neus reasonable attorney fees in litigating this action since August 2007.

Larry R. Busche, II v. State of Indiana (NFP)
02A03-1108-CR-418
Criminal. Affirms conviction of and sentence for Class B felony rape.

Raymond H. Mims v. State of Indiana (NFP)
49A04-1109-CR-499
Criminal. Affirms conviction of Class C felony forgery.

Sharon D. Collins v. State of Indiana (NFP)
48A05-1109-CR-490
Criminal. Affirms imposition of consecutive sentences for Collins’ four Class B felony arson convictions, but remands with instructions to resentence her because the arson sentences violate the statutory maximum for felony convictions arising out of an episode of criminal conduct.

Gary W. Ferguson v. State of Indiana (NFP)
73A05-1108-CR-434
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug.

Seth T. Lipscomb v. State of Indiana (NFP)
71A03-1109-CR-443
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class D felony theft.

In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)
71A03-1107-ES-324
Estate, supervised. Affirms denial of Donna McMillen’s petition in which she sought to remove Kane as the personal representative of the estate and as trustee of a trust established by Nancy McMillen’s will, of which Donna McMillen was the named beneficiary.

Michael West v. State of Indiana (NFP)
49A04-1108-PC-451
Post conviction. Affirms denial of petition for post-conviction relief.

Russell W. Yerden v. State of Indiana (NFP)
49A02-1110-PC-1010
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands for correction of Yerden’s sentence.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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