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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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