ILNews

Opinions Sept. 28, 2010

September 28, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, et al.
29A04-1001-CT-10
Civil. Affirms summary judgment in favor of Virginia Surety Co. Members of the Carmel Commotion Soccer Team traveled to Colorado for a soccer tournament. While in Colorado, the team decided to go on a white-water rafting trip as a team-building activity. While traveling to raft, the van collided with another vehicle and team members were injured. Virginia Surety argued that while the team was sanctioned to attend and compete at the tournament, the use of the van to go white-water rafting was not a use “in the business of the Named Insured” and Indiana Youth Soccer Association did not have knowledge of or authorize the rafting activity. Judge Riley dissents.  

Christopher Casady v. State of Indiana
53A01-0909-CR-431
Criminal. Rules trial court did not err in denying Casady’s motion to dismiss because he failed to show how he was harmed by the state filing additional charges and the subsequent dismissal of the original charges; the evidence was sufficient to support his convictions of 16 counts of Class D felony voyeurism; the warrants to search Casady’s camera and home were properly supported by probable cause; the trial court did not err in admitting evidence seized during execution of the warrants; Casady waived any argument that the videotapes admitted into evidence were unfairly prejudicial; and his 18-year sentence with 12 years suspended was not inappropriate.

D.C. v. K.C. (NFP)
45A03-0912-CV-609
Civil. Affirms trial court order granting modification of custody from father to mother.

John Pearson v. State of Indiana (NFP)
49A02-1002-CR-127
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

William Washington v. State of Indiana (NFP)
49A05-1002-CR-113
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Adam L. Blake v. State of Indiana (NFP)
49A05-0912-CR-742
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon, a Class B felony.

Michael Myers v. State of Indiana (NFP)
84A01-1002-CR-82
Criminal. Affirms revocation of probation and rules the trial court did not abuse its discretion by ordering Myers to serve the remaining 4 years of his previously suspended sentence.

Timothy L. King v. State of Indiana (NFP)
49A02-1002-CR-191
Criminal. Affirms trial court ruling that King serve 8 years of his previous sentence in the Department of Correction after revocation of probation and community corrections placement.

Joshua Peter Lindsey v. State of Indiana (NFP)
29A02-1002-CR-318
Criminal. Affirms 35-year sentence for Class A felony attempted murder conviction, 35-year sentence for Class A felony kidnapping conviction, and 12-year sentence for Class B felony attempted escape conviction – all to be served concurrently. Rules trial court’s statement regarding victim was harmless error.

Ronald A. Manley v. State of Indiana (NFP)
29A04-1002-PC-60
Post-conviction. Affirms denial of petition for post-conviction relief.

Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-125
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year sentence Newbry received in a companion case.

Wanda A. Newbry v. State of Indiana (NFP)
20A03-1002-CR-126  
Criminal. Affirms 15-year sentence following a guilty plea to Class B felony delivery of cocaine, which is to run consecutive to a 15-year term Newbry received in a companion case.

Angela M. (Greene) McDonald v. State of Indiana (NFP)
88A01-1004-CR-165
Criminal. Affirms 3-year sentence following guilty plea to Class C felony forgery.

Christine Starbuck v. Vigo County Public Library (NFP)
93A02-1001-EX-67
Civil. Affirms order of full Indiana Worker’s Compensation Board denying Starbuck’s application for adjustment of claim.

Marvin L. Ervin v. State of Indiana (NFP)
49A02-1002-CR-123
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.


Indiana Tax Court had posted no opinions at IL deadline.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

ADVERTISEMENT