ILNews

Opinions Nov. 28, 2011

November 28, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Jennings Daugherty v. State of Indiana
89A05-1103-CR-131
Criminal. Affirms convictions of Class B felony possession of cocaine and Class D felony maintaining a common nuisance. Daugherty’s arguments on appeal are insufficient to demonstrate reversible error. Affirms the admission of the state’s evidence.

Manuel Trujillo v. State of Indiana
71A03-1102-PC-73
Post conviction. Affirms denial of petitions for post-conviction relief, in which Trujillo challenged two separate convictions under separate cause numbers for conspiracy to deal marijuana. Trujillo can’t establish that he was prejudiced by his counsel’s failure to advise him that the 1999 and 2008 prosecutions may impact his immigration status. The trial courts in the two cases also did not violate Indiana Code 35-35-1-2 in accepting Trujillo’s guilty pleas.

Eric Stickdorn and Lisa Stickdorn v. Elam B. Zook, Sarah F. Zook, Samuel L. Lantz and Mattie Z. Lantz
89A01-1012-CT-670
Civil tort. Affirms determination that the Stickdorns’ personal injury claims against the Lantzes and the negligence claims are barred by the two-year statute of limitations. By 2005, the Stickdorns’ complaint for personal injury had accrued and were ascertainable, but the complaint was not filed until November 2009. Reverses grant of summary judgment for the Lantzes with regards to the nuisance and trespass claims and remands for further proceedings. The designated evidence establishes that the Lantzes refused to stop or change their waste storage, disposal and management practices that harmed the Stickdorns through April 2005. The statute of limitations did not preclude the Stickdorns from complaining about the continued instances of nuisance and trespass.

Marsean Shines v. State of Indiana (NFP)
02A05-1105-CR-237
Criminal. Affirms sentence for Class D felony domestic battery, Class D felony criminal confinement, Class B misdemeanor false informing, and Shines’ habitual offender enhancement.

James C. Lewis v. State of Indiana (NFP)
48A02-1103-CR-178
Criminal. Affirms revocation of probation and imposition of the previously suspended portion of Lewis’ sentence.

Richard Edward Hughes v. State of Indiana (NFP)
10A01-1103-CR-165
Criminal. Reverses in part Hughes' convictions of Class C felony battery with a deadly weapon and Class D felony criminal recklessness and orders the trial court to vacate the conviction of and sentence for criminal recklessness.

Aaron Spears v. State of Indiana (NFP)
29A05-1104-CR-204
Criminal. Affirms conviction of Class A felony neglect of a dependent resulting in death.

David Rippe v. Edward C. Levy Company (NFP)
45A03-1102-CT-30
Civil tort.  Affirms jury verdict in favor of Edward C. Levy Co. that found Levy not liable for the injuries Rippe sustained while an employee of an independent contractor at a Levy site.

Angela Townsell v. State of Indiana (NFP)
49A02-1104-CR-343
Criminal. Affirms convictions of Class A misdemeanors intimidation and battery.

In the Matter of the Term. of the Parent-Child Rel. of Z.S.; C.S. and L.S. v. Indiana Department of Child Services (NFP)
67A01-1104-JT-193
Juvenile. Affirms termination of father’s parental rights.

Term. of the Parent-Child Rel. of G.B. and J.N.; E.B. (mother) and A.N. (father) v. The Indiana Dept. of Child Services (NFP)
79A02-1104-JT-315
Juvenile. Affirms termination of parental rights.

Donald L. Pruitt v. State of Indiana (NFP)
55A01-1105-CR-218
Criminal. Affirms conviction of Class C felony operating a motor vehicle after forfeiture of license for life.

Daniel Walton v. State of Indiana (NFP)
57A03-1105-CR-198
Criminal. Affirms two convictions of Class A felony dealing in methamphetamine.

Brian K. Brantley v. State of Indiana (NFP)
18A02-1102-CR-158
Criminal. Affirms convictions of two counts of Class B felony criminal deviate conduct, Class C felony battery, two counts of Class D felony intimidation, and battery as a Class A misdemeanor and Class B misdemeanor.

Jasper Frazier v. State of Indiana (NFP)
49A02-1101-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony attempted robbery, Class B felony conspiracy to commit robbery, and Class A misdemeanor carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT