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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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