Opinions Oct. 24, 2011

October 24, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gerald Broude v. State of Indiana
Criminal. Affirms convictions of one count of Class A and one count of Class C felony child molesting, holding sufficient evidence exists to support the convictions and that Broude had adequate time to prepare for victim’s closed-circuit testimony. Reverses one count of Class A felony child molesting, holding that a material variance existed between the charging information and evidence presented at trial. Remands to the trial court to vacate that conviction.

Christopher Allen Buchanan v. State of Indiana
Criminal. Affirms sentence for Class B felony child molesting, holding that trial court did not err in calculating the amount of credit time to which Buchanan was entitled and did not err in finding the age of the victim as an aggravator.

State of Indiana v. Skylor Gearlds
Criminal. Reverses trial court’s dismissal of Class A misdemeanor operating a motor vehicle while suspended based on a previous violation within the past 10 years, pursuant to Indiana Code 9-24-19-2. Holds that while the statute contains an inaccuracy, it is clear what the Legislature’s intent was in drafting the law.

Ken Gunn v. State of Indiana
Criminal. Reverses charge of Class A misdemeanor carrying a handgun without a license, holding the evidence was obtained as the result of an unlawful traffic stop.

Steven Nowling v. State of Indiana
Criminal. Affirms conviction of Class D felony possession of methamphetamine, holding that while a third party did not expressly consent to a search of Nowling’s room, the evidence found in that search was harmless, as it was Nowling’s testimony under oath that affirmed his possession of methamphetamine.

Isaiah Wheeler v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In Re: The Matter of A.G. and A.M.; A.M. v. Allen County Dept. of Child Services (NFP)
Juvenile. Affirms judgment of trial court that son was a Child in Need of Services.

Mark Williams v. State of Indiana (NFP)
Criminal. Reverses trial court’s revocation of probation.

Melvin Hall v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor carrying a handgun without a license.

John Shelton v. Daniel Keith Hoffman, Guardian of the Estate of Molly Dattilo (NFP)
Civil tort. Affirms trial court’s default judgment against Shelton.

Term. of Parent-Child Rel. of A.W.; T.H. and D.W. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights of mother and father.

Cecil Dowell Freeman v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with an alcohol concentration of at least 0.15 gram of alcohol.

Ryan Grosswiler v. State of Indiana (NFP)
Criminal. Affirms convictions of three counts of Class C felony child molesting and one count of Class A misdemeanor invasion of privacy.

Jason Hough v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Sajjad Quayim Rasheed v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Zane Padgett v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Cynthia L. Ragsdale v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony possession of cocaine.

Jack M. Estes II v. State of Indiana (NFP)
Criminal. Dismisses appeal, holding that according to the Indiana Supreme Court, a sanction imposed when probation is revoked does not qualify as a sentence, and that accordingly, Estes cannot appeal his sanction.

Shammy Wingo v. State of Indiana (NFP)
Criminal. Affirms jury’s determination that Wingo committed Class A misdemeanor driving while suspended, Class A misdemeanor resisting law enforcement and associated infractions.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.