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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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