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Opinions Sept. 25, 2012

September 25, 2012
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Indiana Court of Appeals
Charles Hall v. State of Indiana
13A04-1111-CR-622
Criminal. Affirms conviction and aggregate 24-year sentence for convictions of dealing in methamphetamine, possession of precursors, operating a vehicle after a lifetime suspension, and resisting law enforcement. The court held that a search of the vehicle that Hall fled after leading police on a chase did not implicate the Fourth Amendment and that the sentence was not inappropriate given Hall’s dangerous conduct and long record of driving and drug convictions.

Ray Evans v. Eric L. Thomas
73A04-1112-PO-670
Protective order. Affirms trial court issuance of a protective order against Evans, concluding that the seriousness of the allegations against him warranted swift judicial action, that Evans was not denied an opportunity to retain counsel, and that denial of his request for a continuance was not an abuse of discretion.

R.W. v. State of Indiana
49A02-1112-JV-1187
Juvenile. Reverses a true finding of attempted burglary, a Class B felony, on grounds that the admission of a videotaped confession constituted a fundamental error. Also remanded with instructions for a true finding of criminal mischief, a Class B misdemeanor.

Holly Horst (Greczek) v. State of Indiana (NFP)
45A04-1202-CR-62
Criminal. Affirms sentence for conviction of Class C felony fraud on a financial institution.

Scott Wayne Steele v. State of Indiana (NFP)
36A01-1112-CR-608
Criminal. Affirms revocation of probation. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/september/09251209pdm.pdf

Cary L. Patrick v. State of Indiana (NFP)
45A03-1109-PC-413
Post-conviction relief. Affirms denial of post-conviction relief on four counts of Class A felony attempted murder and one count of Class B felony arson.

Daniel E. Stuckman, Sr. and Daniel E. Stuckman, Jr. v. Kosciusko County Board of Zoning Appeals and the Estate of Gary Stuckman (NFP)
43A03-1202-MI-69
Miscellaneous/zoning. Affirms trial court judgment in favor of the defendants.

Wesley Hood, Sr. v. State of Indiana (NFP)
48A02-1201-CR-30
Criminal. Affirms revocation of placement in home detention.

Matt B. Helmen, M.D. v. Mary and Ronald McDaniel, Individually and as Administrators of the Estate of Christopher L. McDaniel, Deceased, and Phillip Lam, M.D. (NFP)
49A02-1204-CT-327
Civil tort/medical malpractice. Affirms trial court’s denial of motion for change of venue.

M.M. v. State of Indiana (NFP)
49A05-1203-JV-102
Juvenile. Affirms finding that M.M. committed what would have been Class A misdemeanor possession of marijuana if committed by an adult.


 

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