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Opinions May 10, 2011

May 10, 2011
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Indiana Supreme Court
Damion J. Wilkins v. State of Indiana
02S03-1010-CR-604
Criminal. Affirms trial court denial of motion to suppress. Wilkins is not entitled to suppression of the evidence on his claims of error related to the no-knock entry. Summarily affirms the Indiana Court of Appeals as to his other appellate claims.

Cornelius T. Lacey, Sr. v. State of Indiana
02S05-1010-CR-601
Criminal. Affirms denial of Lacey’s motion to suppress. The police did not have to present known supporting facts and obtain an advance judicial authorization for the no-knock entry. Summarily affirms the Indiana Court of Appeals as to all other issues.

City of Indianapolis, et al. v. Christine Armour, et al.
49S02-1007-CV-402
Civil. Reverses trial court grant of summary judgment for the plaintiffs on their federal constitutional claims and remands with instructions to grant judgment for the City of Indianapolis on the plaintiffs’ federal equal protection claim. Holds the City of Indianapolis did not violate the Equal Protection Clause of the 14th Amendment because forgiving only the outstanding assessment balances was rationally related to a legitimate governmental interest.

Indiana Court of Appeals
Maria Patricia (Franco) Suarez v. State of Indiana
02A05-1008-PC-508
Post conviction relief petition. Reverses trial court’s denial of plaintiff’s request for a complete record of her guilty plea hearing, including the Spanish language portions of the hearing, stating that under Indiana Administrative Rule 9(D), the guilty plea hearing was a public court record that should be available to Suarez.

State of Indiana v. Charles Black
48A02-1011-CR-1384
Criminal. Reverses trial court’s discharge of Charles Black, who had been charged with drug and other offenses, stating that by agreeing to a new trial date outside the parameters of Indiana Criminal Rule 4(C), Black acquiesced to his trial being delayed and waived his right to be discharged under Criminal Rule 4(C). Remands for further proceedings.

Term. of Parent-Child Rel. of H.A. and R.H.; K.H. v. IDCS (NFP)
45A05-1008-JT-550
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Adoption of E.F.: R.F. and S.F. v. J.N. and K.N. (NFP)
67A01-1009-AD-502
Adoption. Affirms adoption of child by guardians.

Lavonta Henry v. State of Indiana (NFP)
71A05-1009-CR-599
Criminal. Affirms sentence for four counts Class B felony burglary.

Jeffrey W. Brinkman v. Lisa A. Brinkman (NFP)
32A04-1008-DR-512
Domestic relation. Reverses order obligating Jeffrey Brinkman to pay Lisa Brinkman for the value of his retirement fund. Affirms that the trial court’s miscalculation of son’s 21st birthday was a harmless error and that the trial court did not err when it failed to modify Jeffrey’s child support obligation; the award of prejudgment interest was not an abuse of discretion.

Indiana Tax Court had posted no opinions as of IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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