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Opinions Oct. 18, 2013

October 18, 2013
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Indiana Court of Appeals
Floyd Weddle v. State of Indiana
73A01-1209-CR-452
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
49A02-1304-CR-321
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
49A02-1210-CR-846
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
71A03-1211-PL-494
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)
18A04-1302-PC-61
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)
49A05-1305-PL-224
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)
52A02-1304-JV-361
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)
29A02-1301-PC-54
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)
20A03-1302-PC-58
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)
41A01-1303-CR-116
Criminal. Affirms conviction of illegal consumption of an alcoholic beverage, a Class C misdemeanor.

Martin Cenfetelli v. State of Indiana (NFP)
84A01-1303-CR-118
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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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