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Opinions May 2, 2013

May 2, 2013
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Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.

Indiana Court of Appeals
Dekuita Steen v. State of Indiana
49A02-1211-CR-877
Criminal. Affirms conviction of Class D felony theft. The trial court properly admitted a loss-prevention officer’s testimony concerning security tags and store labels into evidence, and the evidence is sufficient to support the conviction.

Johann Schmidt v. State of Indiana
34A02-1207-CR-570
Criminal. Affirms denial of Schmidt’s motion to dismiss two counts of Class C felony theft filed in Howard County. The record shows the Howard County prosecutor properly filed charges against Schmidt as to the offenses committed in that county and charges out of Miami County that Schmidt was previously prosecuted on did not relate to the Howard County offenses. Remands for further proceedings.

Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.

Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.

Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.

The Indiana 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. 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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