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Opinions Nov. 8, 2010

November 8, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.

Kimberly Thomas v. State of Indiana
49A02-1002-CR-105
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy. Under the circumstances set forth in the record, the institution of direct contempt proceedings was the more appropriate action in response to Thomas’ statement to James Smith in the courtroom. Remands with instructions to vacate her conviction and at the trial court’s option, to resume direct contempt proceedings. Judge Bradford dissents.

Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.

A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.

Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.

Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.

Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.

Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.

Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.

Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.

Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.

Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.

 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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