ILNews

Opinions Oct. 19, 2012

October 19, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline Friday.

U.S. 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline Friday.

Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana

34A02-1204-CR-303
Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.  

Alton Neville v. State of Indiana
49A05-1201-CR-9
Criminal. Affirms conviction of murder and carrying a handgun without a license, holding that while there was prosecutorial error that included improperly presenting facts not in evidence and improperly inflaming the passions and prejudices of the jury, the improper comments did not rise to the level of fundamental error.

In Re the Marriage of Yan Wolfman v. Estelle Wolfman (NFP)
45A03-1201-DR-17
Domestic relations/divorce. Remands to the trial court to clarify division of assets.

Jeffery Sanders v. State of Indiana (NFP)
49A04-1203-CR-150
Criminal. Affirms conviction of Class D felony theft and adjuctication as a habitual offender.
 
Delareco Pacely v. State of Indiana (NFP)
44A03-1110-CR-488
Criminal. Affirms 18-year sentence for three convictions of Class C felony child molesting.

Albert Harris v. State of Indiana (NFP)
49A02-1205-PC-386
Post conviction. Affirms trial court denial of petition for post-conviction relief.

Brandon Boles v. State of Indiana (NFP)
49A02-1203-CR-226
Criminal. Reverses 10-day sentence for failure to complete community service as a requirement of a sentence for a conviction of public intoxication.

Donzahue Pearson v. State of Indiana (NFP)
49A02-1202-CR-119
Criminal. Affirms denial of motion to dismiss Class D felony charge of sex offender who failed to possess valid identification.  

Dean Eric Blanck v. State of Indiana (NFP)
29A02-1204-CR-281
Criminal. Affirms 730-day sentence after a guilty plea to charges of Class D felony resisting law enforcement and Class C misdemeanor operating while intoxicated.

 

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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT