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Opinions Nov. 16, 2010

November 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kevin L. Hampton v. State of Indiana
84A04-1002-PC-122
Post conviction. Affirms denial of petition for post-conviction relief. There was no error in omitting the requested sentence and appellate counsel did not fail to provide effective assistance.

State of Indiana v. J.S.
49A02-1004-JV-567
Juvenile. Affirms dismissal of delinquency petition against J.S. after he was found incompetent to stand trial. Given the extensive expert reports finding J.S. incompetent, the juvenile court did not abuse its discretion in finding him incompetent to stand trial. The charges should not remain pending to see if he regains competency before he is 18 and the record reveals his family is aware of his problems and trying to help him.

Vaughn A. Reeves, Jr. v. State of Indiana
77A04-1005-CR-292
Criminal. Affirms in part denial of Reeves’ motion to dismiss 10 counts of Class C felony aiding, inducing, or causing securities fraud. Because a portion of the 10 charging informations, on their face, allege a time period outside the statute of limitations and do not allege facts sufficient to constitute an exception to the statute, the trial court should have granted, in part, Reeves’ motion to dismiss as to these dates that fell outside the statute of limitation. Remands for consideration, as set forth in Indiana Code Section 35-34-1-4(d), of whether the trial court will discharge the defendant as to specific dates or deny the discharge upon determining that the prosecutor would be entitled to cure the information by amendment.

Blake Parkins v. State of Indiana (NFP)
29A02-1002-CR-345
Criminal. Affirms conviction of criminal recklessness with the use of a motor vehicle as a Class A misdemeanor.

Christina Smith v. State of Indiana (NFP)
15A01-1003-CR-153
Criminal. Revises sentence following Smith’s guilty plea to Class C felony reckless homicide and remands for trial court to impose sentence of four years with two years suspended.

Jamarr Da-Juan Williams v. State of Indiana (NFP)
45A03-1001-CR-39
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class C felony battery, and Class C felony attempted battery.

Jane Marie Burkart v. State of Indiana (NFP)
46A03-0908-CR-385
Criminal. Affirms convictions of and sentence for five counts of Class B misdemeanor abandonment or neglect of vertebrate animals.

Kenneth W. Ellis v. State of Indiana (NFP)
25A03-1007-CR-407
Criminal. Affirms sentence following guilty plea to dealing in cocaine as a Class B felony.

Antonio Simeone, et al. v. Schreiber Lumber, Inc., et al. (NFP)
49A02-1002-CP-177
Civil plenary. Affirms judgment in favor of Dave Beck on negligence and constructive fraud claims, partial summary judgment for Schreiber Lumber, Bova’s counterclaim for breach of contract, and that the evidence supports the trial court judgment.

Jason Montgomery v. State of Indiana (NFP)
17A04-1002-CR-95
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Michael J. Kempf v. State of Indiana (NFP)
65A01-1003-CR-134
Criminal. Affirms conviction of Class D felony operating a vehicle while an habitual traffic offender.

Raymond Hannah v. State of Indiana (NFP)
48A04-1004-CR-225
Criminal. Affirms sentence following guilty plea to Class C felony nonsupport of a dependent child.

Christopher Martin v. State of Indiana (NFP)
49A04-1003-CR-152
Criminal. Affirms sentence following conviction of Class C felony reckless homicide.

Justin Stanback v. State of Indiana (NFP)
49A05-1004-CR-251
Criminal. Reverses denial of Stanback’s request to file a belated notice of appeal and remands for further proceedings.

Cory R. Dowden v. State of Indiana (NFP)
34A02-1004-CR-562
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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