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Opinions Sept. 28, 2012

September 28, 2012
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7th Circuit Court of Appeals posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.


Indiana Court of Appeals
Steven Duncan v. State of Indiana
82A01-1201-CR-22
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.

Paul Hardy v. State of Indiana
88A01-1203-CR-93
Criminal. Affirms the trial court did not abuse its discretion in revoking Hardy’s probation in multiple cases and ordering him to serve all of his previously suspended sentences. The trial court had the authority to revoke his probation in two of the cases in which he had not yet begun serving his probation, and he signed an agreement to extend his probation in three other cases beyond the original periods, which allowed the trial court to legally revoke them after the original probation periods were over.

Robert Owen Luetke v. State of Indiana (NFP)
03A01-1202-CR-46
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Paul Sparks v. State of Indiana (NFP)
70A01-1204-CR-140
Criminal. Affirms sentence following guilty plea to Class C felony operating a motor vehicle while privileges are forfeited for life.

Matthew Thies v. State of Indiana (NFP)
15A01-1111-CR-553
Criminal. Affirms convictions of three counts of Class A felony child molesting and two counts of Class C felony child molesting.

Victor J. DiMaggio, III v. Elias Rosario and Mark Nebel (NFP)
64A04-1204-PL-169
Civil plenary. Affirms dismissal of DiMaggio’s amended complaint against Nebel.

Nathan Haas v. State of Indiana (NFP)
15A01-1203-CR-109
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Paul Plummer v. State of Indiana (NFP)
49A05-1203-CR-106
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Nathan W. Golden v. State of Indiana (NFP)
05A02-1204-CR-345
Criminal. Affirms sentence for Class D felony theft.

Robert G. Bollman, Jr. v. State of Indiana (NFP)
20A03-1202-CR-100
Criminal. Affirms sentence following guilty plea to Class C felony escape.

Marvin Smith v. City of Richmond and City of Richmond Public Works (NFP)
89A01-1202-CT-45
Civil tort. Affirms grant of summary judgment in favor of the city of Richmond with respect to Smith’s tort claim.

Joy M. Graf v. Craig W. Graf (NFP)
64A03-1206-DR-265
Domestic relation. Reverses denial of Joy Graf’s motion to suspend the driver’s license of Craig Graf due to failure to pay child support. Remands for further proceedings.

State of Indiana v. Jamie Ray Scheckles (NFP)
10A01-1202-CR-71
Criminal. Reverses grant of Scheckles’ motion to enter work release and orders Scheckles return to the Department of Correction.

Michael Sopher v. State of Indiana (NFP)
70A01-1203-CR-133
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.

Kevin D. Webster v. State of Indiana (NFP)
49A02-1201-PC-86
Post conviction. Affirms denial of petition for post-conviction relief.

Michael S. Scroggins v. State of Indiana (NFP)
39A01-1203-CR-91
Criminal. Affirms sentence following guilty plea to two counts of Class C felony reckless homicide and one count of Class C felony criminal recklessness.

Curtis Bacon, Jr. v. State of Indiana (NFP)
79A02-1112-CR-1163
Criminal. Affirms convictions and sentence for Class B felony aggravated battery; and Class C felonies criminal recklessness committed while armed with a deadly weapon, and carrying a handgun without a license; and the sentencing enhancement of unlawful use of a firearm.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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