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
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.
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
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)
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)
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)
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)
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)
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)
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)
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

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

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

Christopher Martin v. State of Indiana (NFP)
Criminal. Affirms sentence following conviction of Class C felony reckless homicide.

Justin Stanback v. State of Indiana (NFP)
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)
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. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"