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Opinions May 27, 2011

May 27, 2011
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The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court
State of Indiana v. Jeffrey Brunner
57S04-1010-CR-603
Criminal. Reverses modification of Brunner’s conviction of Class D felony operating while intoxicated to a Class A misdemeanor. The trial court lacked statutory authority to modify the conviction and the trial court’s authority to reduce a Class D felony conviction to a Class A misdemeanor is limited to the moment of conviction and prior to sentencing. Remands for reinstatement of the original conviction.

State of Indiana v. Charles Boyle
49S05-1105-PC-305
Post conviction. Reverses trial court’s modification of Boyle’s conviction of Class D felony operating a motor vehicle while a habitual traffic offender to a Class A misdemeanor. It is in violation of statutory authority to modify the conviction under the circumstances of this case. Remands to reinstate the original conviction.

Today’s opinions

Indiana Supreme Court
In the Matter of the Honorable William J. Hughes, Judge of the Hamilton Superior Court
29S00-1105-JD-279
Judicial discliplinary action. Reprimands Hamilton Superior Judge William J. Hughes, terminating disciplinary proceedings relating to the circumstances giving rise to the cause.

In the Matter of Joshua A. Parilman
98S00-1012-DI-681
Attorney disciplinary action. Approves agreed discipline, barring respondent indefinitely from acts constituting the practice of law in this state, including temporary admission and solicitation of clients, until further order of the court.

Indiana Court of Appeals
State of Indiana v. Christopher J. Gill
84A04-1011-CR-812
Criminal. Reverses trial court’s grant of Christopher Gill’s motion to dismiss and remands for further proceedings, stating the victim’s decision to recant testimony is not grounds to dismiss a case.

Lisa R. Wright v. State of Indiana
57A03-1010-CR-570
Criminal. Affirms trial court’s assessment of a public defender fee, stating that the indigency hearing requirement does not apply when a defendant has entered into a cash bail-bond agreement.

In re George H. Edwardson Revocable Trust
87A01-1009-TR-501
Trust. Affirms probate court’s denial of motion to dismiss and a motion for judgment on the pleadings, holding that although one beneficiary moved assets to Maine, jurisdiction remains in Indiana.

Michael Bell v. State of Indiana (NFP)
49A02-1010-CR-1134
Criminal. Affirms conviction of Class D felony attempted theft and adjudication as an habitual offender.

Quincy English v. State of Indiana (NFP)
02A03-1009-CR-527
Criminal. Affirms conviction of Class B felony aggravated battery.

Heriberto E. Rivera v. State of Indiana (NFP)
49A02-1010-CR-1142
Criminal. Affirms five child molesting convictions.

Alfred Solomon v. State of Indiana (NFP)
27A02-1005-CR-534
Criminal. Affirms convictions of murder and robbery resulting in serious bodily injury as a Class A felony.

Citron Stovall v. State of Indiana (NFP)
79A04-1008-CR-618
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Robert Paul Baston v. State of Indiana (NFP)
69A01-1008-CR-401
Criminal. Affirms conviction of and sentence for Class A felony child molesting.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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