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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. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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