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
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
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)
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Paul Sparks v. State of Indiana (NFP)
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)
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)
Civil plenary. Affirms dismissal of DiMaggio’s amended complaint against Nebel.

Nathan Haas v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and reinstatement of previously suspended sentence.

Paul Plummer v. State of Indiana (NFP)
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Nathan W. Golden v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft.

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

Marvin Smith v. City of Richmond and City of Richmond Public Works (NFP)
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)
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)
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)
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.

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

Michael S. Scroggins v. State of Indiana (NFP)
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)
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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