Opinions Sept. 25, 2012

September 25, 2012
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Indiana Court of Appeals
Charles Hall v. State of Indiana
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
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
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)
Criminal. Affirms sentence for conviction of Class C felony fraud on a financial institution.

Scott Wayne Steele v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Cary L. Patrick v. State of Indiana (NFP)
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)
Miscellaneous/zoning. Affirms trial court judgment in favor of the defendants.

Wesley Hood, Sr. v. State of Indiana (NFP)
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)
Civil tort/medical malpractice. Affirms trial court’s denial of motion for change of venue.

M.M. v. State of Indiana (NFP)
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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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.