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Opinions May 17, 2012

May 17, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Heriberto Suarez v. State of Indiana
02A05-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief. The court did not err in denying his claim that he received ineffective assistance of trial counsel.

Timothy Hammerlund v. State of Indiana
33A05-1110-CR-562
Criminal. Affirms revocation of probation. The record fails to establish that Hammerlund’s wavier of counsel was anything other than knowing, intelligent and voluntary.

City of Gary and Gary Sanitation District v. Indiana Department of Environmental Management and City of Hobart
49A02-1106-MI-553
Miscellaneous. Affirms court order affirming order of the Office of Environmental Adjudication, which upheld IDEM’s decision to issue a permit to Hobart to operate a new wastewater treatment plant. IDEM’s decision was neither arbitrary nor capricious and the decision was in accordance with the law and supported by substantial evidence.

Brian Otte v. State of Indiana
84A01-1108-CR-356
Criminal. Affirms convictions of Class D felony residential entry; three counts of Class B misdemeanor battery; Class A misdemeanor criminal mischief; Class A misdemeanor operating a vehicle while intoxicated; Class B misdemeanor failure to stop after an accident resulting in damage to unattended vehicle; and the finding that Otte is a habitual offender. There was no error in the trial court’s Criminal Rule 4(D) continuance or its admission of testimony by a domestic violence expert. Judge Vaidik concurs in result in a separate opinion.

Duane Lee v. State of Indiana
49A04-1105-CR-225
Criminal. Affirms Lee’s convictions of burglary as a Class B felony, rape as a Class A felony, six counts of criminal deviate conduct as Class A felonies, robbery as a Class B felony, resisting law enforcement as a Class A misdemeanor, criminal confinement as a Class B felony, intimidation as a Class C felony, and pointing a firearm as a Class D felony. The police acted improperly in swabbing Lee’s penis and the trial court erred in allowing results of that DNA test into evidence. Other evidence presented renders the error harmless.

Dewayne Jones v. State of Indiana
49A02-1109-CR-855
Criminal. Affirms conviction of Class D felony invasion of privacy. Finds Marion County is the proper venue for the case.

Dewayne Jones v. State of Indiana
49A02-1109-CR-853
Criminal. Affirms conviction of Class D felony invasion of privacy. Finds Marion County is the proper venue for the case.

Kenneth A. Lainhart v. State of Indiana (NFP)
24A01-1105-CR-241
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine by manufacturing and conspiracy to deal in methamphetamine by manufacturing, Class C felony possession of a handgun with obliterated identification marks, and Class D felonies maintaining a common nuisance and dumping of a controlled substance waste.

A.B. v. State of Indiana (NFP)
20A03-1112-JV-540
Juvenile. Affirms finding that A.B. is a delinquent child for committing what would be Class A misdemeanor battery if committed by an adult.

Alply Architectural Building Systems LLC, Alply, Inc., and John Peters v. Corrlines LLC and David J. Smith (NFP)
29A02-1111-CC-1032
Civil collection. Affirms denial of Alply’s motion to dismiss the breach of contract suit.

J.H. v. State of Indiana (NFP)
57A03-1201-JV-25
Juvenile. Affirms placement at the Indiana Boys’ School.

Wendell E. Mardis v. State of Indiana (NFP)
84A04-1109-CR-481
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

Anthony Cross v. State of Indiana (NFP)
20A03-1109-CR-442
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.

Brian Riley v. State of Indiana (NFP)
65A01-1111-CR-552
Criminal. Affirms sentence for Class C felony battery resulting in serious bodily injury.

Jermaine M. Lockett v. State of Indiana (NFP)
02A03-1107-CR-376
Criminal. Affirms convictions of and sentence for Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.

Trevon T. Marshall v. State of Indiana (NFP)
02A04-1110-CR-522
Criminal. Affirms sentence following guilty plea to Class C felony carrying a handgun without a license.

Kenneth Keehn v. State of Indiana (NFP)
46A05-1106-CR-332
Criminal. Affirms conviction of Class A felony dealing in a schedule I controlled substance.

David C. Wilson v. State of Indiana (NFP)
49A04-1110-CR-516
Criminal. Affirms sentence for Class A felony burglary and Class B felonies possession of a firearm by a serious violent felon and conspiracy to commit burglary.

Mark Alderman v. State of Indiana (NFP)
08A02-1110-CR-916
Criminal. Affirms conviction of Class A misdemeanor cruelty to an animal.

Robin Wood v. State of Indiana (NFP)
49A02-1109-CR-799
Criminal. Affirms order that Wood pay a $200 drug interdiction fee following her guilty plea to Class A misdemeanor possession of marijuana.

Roderick Ramone Wiggins v. State of Indiana (NFP)
45A05-1106-CR-291
Criminal. Affirms convictions of three counts of murder and sentence imposed.

Dean E. Overholser v. State of Indiana (NFP)
71A04-1108-CR-436
Criminal. Affirms conviction of Class D felony possession of marijuana by cultivation.

Marvin L. Boatright v. State of Indiana (NFP)
49A02-1108-CR-729
Criminal. Affirms conviction of Class C felony forgery.

John F. Fyock v. State of Indiana (NFP)
02A03-1109-CR-421
Criminal. Affirms convictions of and sentences for four counts of Class B felony dealing in a schedule I, II or III controlled substance.

Michael Lee Massing v. State of Indiana (NFP)
20A04-1110-CR-602
Criminal. Affirms denial of petition to file a belated notice of appeal.

Brian Andert v. State of Indiana (NFP)
71A05-1109-CR-509
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.

Daniel W. Beatty v. State of Indiana (NFP)
39A05-1107-CR-339
Criminal. Affirms convictions of dealing in methamphetamine, a Class A felony; conspiracy to deal methamphetamine, a Class A felony; possession of methamphetamine, a Class B felony; possession of precursors, a Class D felony; and his adjudication as a habitual substance offender.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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