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Opinions Oct. 4, 2013

October 4, 2013
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Opinions Oct. 4, 2013

Indiana Court of Appeals
Dexter Berry v. State of Indiana (NFP)

49A04-1301-CR-34
Post conviction. Remands for recalculation of pretrial credit time applied against an executed 10-year sentence for conviction of Class B felony burglary.

Johnny Henderson v. State of Indiana (NFP)
49A02-1302-CR-178
Criminal. Affirms conviction of Class B felony attempted burglary.

Howell Contractors, Inc. and Fidelity and Deposit Company of Maryland v. Calumet Civil Contractors, Inc. (NFP)
49A05-1305-PL-232
Civil plenary. Affirms grant of summary judgment as to liability, reverses entry of summary judgment on damages and remands for proceedings.

Thomas Roberts v. State of Indiana (NFP)
49A02-1304-CR-356
Criminal. Affirms denial of motion to modify 55-year sentence for conviction of murder.

Mark Gregory v. State of Indiana (NFP)
48A02-1302-PC-198
Post-conviction. Affirms denial of post-convcition relief from a 55-year executed sentence for conviction of multiple counts of burglary and theft reimposed after a violation of probation under a previously granted sentence modification.

David Kifer v. State of Indiana (NFP)
82A05-1302-IF-53
Infraction. Affirms Class C infraction for disregarding an automatic signal.

Victor Gutierrez v. State of Indiana (NFP)
02A04-1302-CR-63
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Robert J. Fiedler and Dianne C. Fiedler v. LaGrange County Health Department (NFP)
44A03-1303-MI-107
Miscellaneous. Affirms trial court’s entry of final judgment in favor of the LaGrange County Health Department on an action to compel the department to certify a septic system was functioning satisfactorily.

Jose Contreras v. State of Indiana (NFP)
49A04-1303-CR-112
Criminal. Affirms 20-year executed sentence for conviction of Class A felony dealing in methamphetamine, Class C felony possession of narcotic drug and a firearm, and Class D felony possession of marijuana.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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