Opinions Oct. 18, 2013

October 18, 2013
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Indiana Court of Appeals
Floyd Weddle v. State of Indiana
Criminal. Affirms on rehearing that convictions for possession of methamphetamine and manufacturing methamphetamine were not double jeopardy, and finding that the jury could have reasonably concluded that Weddle was in possession of methamphetamine and was in the process of manufacturing an additional amount of the drug.

David Rhodes v. State of Indiana
Criminal. Affirms conviction of two counts of theft, rejecting arguments that evidence from a police search of a suspect should have been suppressed. The panel found that the record shows that Rhodes made no objection to admission of the evidence that he later sought to suppress, so the argument had been waived. Even if it hadn’t been waived, an eyewitness description that led police to Rhodes provided probable cause.

Audie Wilson v. State of Indiana
Criminal. Affirms Wilson’s convictions for sexual misconduct with a minor, as a Class B felony; attempted sexual misconduct with a minor, as a Class B felony; and sexual misconduct with a minor, as a Class C felony. Finds the trial court did not abuse its discretion in allowing the evidence of defendant’s nicknames. Rules the defendant had the burden to proof – not the state – as to whether he reasonably believed the juvenile victim was at least 16 years old.  

Timothy S. Enders and Enders & Longway Builders, Inc., v. Debra Sue Enders as Personal Representative of the Estate of Randall Enders
Civil plenary. Grants petition for rehearing but stands by previous opinion. Court was not persuaded by Timothy Enders’s argument that the COA found the shares of the corporation were not jointly owned with rights of survivorship. Finds since the trial court properly dissolved the family business, the issues about the shares certificates should have been resolved by the trial court.

Chad Musick v. State of Indiana (NFP)
Post conviction. Affirms the denial of Musick’s post-conviction relief petition to the extent the post-conviction court found he did not receive ineffective assistance of appellate counsel. Reverses the denial with respect to the claim of ineffective assistance of trial counsel and remands for further proceedings on that claim.

Jolene G. Burtrum v. Citizens Health Center (NFP)
Civil plenary. Affirms dismissal of Burtrum’s complaint against Citizens Health Center, alleging breach of contract and seeking damages under the Wage Claim Statute.

J.M. v. State of Indiana (NFP)
Juvenile. Affirms order placing J.M. in the Indiana Department of Correction after he admitted to theft from a Burger King restaurant.

Christopher T. Taylor v. State of Indiana (NFP)
Post conviction. Affirms summary disposition regarding Taylor’s freestanding claims of error and ineffective assistance of counsel claim on the presumptive sentencing scheme. Reverses and remands denial of Taylor’s motion for an evidentiary hearing on the remaining ineffective assistance of counsel claims.

Louis O'Neal v. State of Indiana (NFP)
Post conviction. Affirms the denial of O’Neal’s motion to withdraw his post-conviction petition without prejudice.

Gregory Calvain v. State of Indiana (NFP)
Criminal. Affirms conviction of illegal consumption of an alcoholic beverage, a Class C misdemeanor.

Martin Cenfetelli v. State of Indiana (NFP)
Criminal. Affirms Cenfetelli’s 14-year sentence, $2,000 fine and five-year suspension of driver’s license for conviction of Class B felony operating a vehicle with a blood alcohol content of 0.15 or more causing death. Reverses home detention and community service as conditions of probation. Reverses and remands for further proceedings regarding the restitution order for $101,198.24.

The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions by IL deadline.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.