ILNews

Opinions May 9, 2011

May 9, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Johnnie Stokes v. State of Indiana
49A04-1009-CR-578
Criminal. Affirms 44-year aggregate sentence for Class B felonies robbery, attempted robbery, and unlawful possession of a firearm, and Class C felony criminal recklessness. The trial court did not abuse its discretion in considering Stokes’ 2001 dealing in cocaine conviction and evidence of his extensive criminal record to enhance his sentences for his other present offenses. His sentences also do not violate the double jeopardy clause of the Indiana Constitution.

Brian E. Connell v. State of Indiana (NFP)
27A04-1010-CR-642
Criminal. Affirms convictions of and sentence for two counts of Class B felony burglary, Class C felony carrying a handgun without a license, two counts of Class D felony theft, Class D felony resisting law enforcement, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.  

Jennings Daugherty v. State of Indiana (NFP)
89A01-1010-CR-520
Criminal. Affirms convictions of and sentence for Class D felony intimidation, Class D felony operating a motor vehicle while intoxicated, two counts of Class B felony possession of a firearm by a serious violent felon, and adjudication as a habitual offender.

Richard Cunningham v. Sandra Rains (NFP)
24A01-1011-PO-628
Protective order. Affirms issuance of protective order in favor of Rains.

Ryan Leon Stamm v. State of Indiana (NFP)
48A04-1011-CR-727
Criminal. Affirms convictions of and sentence following a guilty plea to felony murder, Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness, and Class C felony carrying a handgun without a license.

George W. Wilson v. State of Indiana (NFP)
82A05-1007-PC-498
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph James v. State of Indiana (NFP)
46A05-1008-CR-530
Criminal. Affirms sentence following guilty plea to Class C felony stalking.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted two transfers and denied 18 for the week ending May 6.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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