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Opinions Oct. 28, 2010

October 28, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Robert D. Davis v. State of Indiana
32A01-1003-CR-144
Criminal. Affirms denial of Davis’ motion for leave to amend his motion to correct erroneous sentence. The information before the appellate court doesn’t allow it to decide whether he was erroneously sentenced.  

Quincy and Shannon Branham v. Rodney Varble and Norman Chastain
62A01-1004-SC-192
Small claims. Affirms order the Branhams pay $50 a month toward a small-claims judgment. The burden is upon the debtor to assert an exemption. Reverses the part of the court’s order that Quincy seek alternative employment by submitting five applications a week. There’s no court authority that supports this order. Judge Crone dissents in part.

Quincy and Shannon Branham v. Rodney and Carol Varble
62A04-1004-SC-256
Small claims. Affirms order the Branhams pay $50 a month toward a small claims judgment. Based on the evidence before the court, it concluded that exemptions aside, they had sufficient funds to pay the judgment. Reverses the part of the court’s order that Quincy seek alternative employment by submitting five applications a week. There’s no court authority that supports this order. Judge Crone dissents in part.

Kelvin Heyen v. State of Indiana
84A04-1002-CR-134
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine and being a habitual offender. Heyen’s claim the evidence was stale fails; he didn’t show that the confidential informant’s identity was unknown to him, the evidence is sufficient to show he dealt methamphetamine and that he is an habitual offender, and his trial counsel didn’t render ineffective assistance.

Marvin G. Jerro v. State of Indiana (NFP)
45A04-1001-CR-38
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one count of Class C felony possession of cocaine, and finding Jerro is a habitual offender.

Donald A. Pierce v. State of Indiana (NFP)
13A04-0908-CR-480
Criminal. Affirms convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. Remands with instructions to attach Pierce’s fixed 10-year term for being a repeat sexual offender to one of his Class A felony sentences for an aggregate sentence of 134 years.

Dion Alexander Walker v. State of Indiana (NFP)
02A03-1005-PC-250
Post conviction. Affirms denial of petition for post-conviction relief.

Richard D. Stewart v. State of Indiana (NFP)

42A05-0912-CR-705
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine, and Class D felony maintaining a common nuisance.

Joseph Hoskins v. State of Indiana (NFP)
49A02-1004-CR-524
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.

Micah Potter v. State of Indiana (NFP)
89A05-1006-CR-391
Criminal. Affirms execution of Potter’s previously suspended sentence upon the revocation of her probation.

Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A01-1002-JP-47
Juvenile. Affirms order denying mother C.W.’s petition to modify custody of C.W.R.

Samuel Johnson v. State of Indiana (NFP)
49A05-1003-CR-171
Criminal. Affirms sentence following guilty plea to Class A felony rape, Class A felony criminal deviate conduct, Class B felony robbery, and Class C felony intimidation.

Donald K. Wilburn v. State of Indiana (NFP)
45A03-1001-CR-24
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.

Anthony R. Helton v. State of Indiana (NFP)
29A02-1002-CR-183
Criminal. Affirms convictions of eight counts of Class D felony theft.

Martin A. Stanley v. State of Indiana (NFP)
02A03-1003-CR-209
Criminal. Affirms sentence following guilty plea to Class B felony arson.

William Greenwood v. State of Indiana (NFP)
43A03-1005-CR-322
Criminal. Affirms sentence following guilty plea to Class C felonies child molesting and child exploitation and remands for correction of clerical errors.

Antoine R. Bird v. State of Indiana (NFP)
71A03-1003-CR-170
Criminal. Affirms sentence following guilty plea to Class B felony robbery and felony murder.

Clarence Davis v. State of Indiana (NFP)
71A04-1003-CR-273
Criminal. Affirms six-year sentence imposed following probation violation.

Randy A. Cummings v. State of Indiana (NFP)
18A04-1001-CR-32
Criminal. Affirms conviction of Class A felony attempted murder.

Walter Archer, III v. State of Indiana (NFP)
71A03-1001-CR-32
Criminal. Affirms convictions of Class C felony carrying a handgun without a license.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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