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Opinions Nov. 6, 2013

November 6, 2013
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Indiana Court of Appeals
Kimberly Kubina v. State of Indiana
45A03-1303-CR-100
Criminal. Affirms 35-year sentence following guilty plea to Class A felony neglect of a dependent. The trial court did not abuse its discretion in finding Kubina was in a position of trust with her stepson.

Christopher Cross v. State of Indiana
73A01-1303-CR-134
Criminal. Cross’s sentence for carrying a handgun without a license and the sentence enhancement for using said handgun during the commission of the act of dealing in cocaine did not violate the prohibitions against double jeopardy. Vacates conviction of Class A misdemeanor carrying a handgun without a license because it is a lesser-included offense of the Class C felony conviction carrying a handgun without a license. Remands with instructions to vacate the misdemeanor conviction.

Keianna Rae Harrison v. Cynthia L. Wells (NFP)
49A02-1303-CC-265
Civil collection. Dismisses appeal of the denial of Harrison’s Trial Rule 60(B) motion for relief from a default judgment entered in favor of Wells.

Joshua Doan v. State of Indiana (NFP)
49A04-1302-CR-90
Criminal. Affirms conviction of Class A felony burglary but reverses determination Doan is a habitual offender as he did not intelligently waive his jury-trial rights for the habitual-offender charge. Remands for a jury trial or bench trial on this count.

Curtis McGrone v. State of Indiana (NFP)
49A02-1304-CR-347
Criminal. Affirms 40-year aggregate sentence for Class B felony robbery and two counts of Class B felony criminal confinement.

Cleve Stone v. State of Indiana (NFP)
49A05-1303-CR-102
Criminal. Affirms convictions of Class A felony burglary and Class C felony robbery.

Dexter Stacy, Sr. v. State of Indiana (NFP)
76A04-1303-CR-113
Criminal. Affirms 75-year aggregate sentence for two counts of Class A felony child molesting.

John Garbacz v. State of Indiana (NFP)
45A03-1303-CR-87
Criminal. Reverses denial of motion to discharge and remands with instructions for the court to grant Garbacz’s motion.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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