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Opinions Sept. 29, 2010

September 29, 2010
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The following opinion was posted after IL deadline Tuesday.
Indiana Supreme Court
David Hopper v. State of Indiana
13S01-1007-PC-399
Post conviction. In the future, a defendant expressing a desire to proceed without counsel is to be advised of the dangers of going to trial as required by Faretta, and also be informed that an attorney is usually more experienced in plea negotiations and better able to identify and evaluate any potential defenses and evidentiary or procedural problems in the prosecution’s case. Chief Justice Shepard and Justice Dickson dissent.

Today’s opinions
Indiana Supreme Court
Efren R. Diaz v. State of Indiana
20S05-0911-PC-521
Post conviction. Refusing to admit the chart on grounds of hearsay was an error. It was prepared by an expert witness of Diaz on the misinterpretations between what the court said in English and what the translator told Diaz in Spanish, and the witness’ expertise was hindered by its exclusion. The evidence before the post-conviction court doesn’t reveal whether Diaz was provided with accurate interpreting. Directs the trial court to commission its own translation of the plea hearing and the sentencing hearing to rehear such evidence to answer whether Diaz’s plea was voluntary and intelligent.

State of Indiana v. Craig Cooper
49S02-1004-PC-220
Post conviction. Reverses grant of relief by the post-conviction court. The reading of the charge and the Indianapolis police officer’s statements that he works in Indianapolis and saw Cooper at an Indianapolis address coupled with Cooper’s acknowledgement of those statements constituted a sufficient demonstration that the events happened in Marion County in 1999. Directs that the conviction be reinstated.

Matthew A. Baugh v. State of Indiana
18S04-1007-CR-398
Criminal. Affirms determination Baugh is a sexually violent predator. The invited error doctrine applies to preclude consideration of Baugh’s appellate claims based on the absence of the doctors’ live testimony during his sexually violent predator and sentencing hearing and the alleged insufficient expertise in criminal behavior disorders.

Anne M. Bingley v. Charles B. Bingley
02S03-1002-CV-122
Civil. Reverses trial court ruling that Charles’ employer-paid premiums to a health insurance company on his behalf as part of his pension plan didn’t constitute a marital asset. Employer-provided health-insurance benefits do constitute an asset once they have vested in a party to the marriage. Justice Dickson dissents.

Indiana Court of Appeals
Capital Drywall Supply, Inc. and Old Fort Building Supply Co., Inc. v. Jai Jagdish, Inc. and Ranjan Amin
71A03-1004-PL-189
Civil plenary. Affirms grant of the cross-motion of summary judgment filed by Jai Jagdish Inc. and Ranjan Amin on Capital Drywall and Old Fort’s cross-claims to foreclose on mechanic’s liens. Any error in the trial court’s ruling that limited the admissibility of the affidavit of Pamela Hartman was harmless because the lien claimants didn’t comply or substantially comply with the mechanic’s lien statute. The lien claimants didn’t perfect their liens because they both used an incorrect owner’s name in their notices of intent to hold a lien; and the lien claimants didn’t substantially comply with the mechanic’s lien statute when they listed an incorrect owner’s name on their lien notices, even if such information was obtained by telephone from the public office designated by statute.

Gregory A. Jones v. State of Indiana (NFP)
71A03-1002-CR-212
Criminal. Affirms conviction of possession of cocaine as a Class D felony.

Phillip Lawton v. State of Indiana (NFP)
71A04-1004-CR-267
Criminal. Affirms conviction of Class B felony rape.

Michael O. Branch v. State of Indiana (NFP)
84A05-1004-CR-259
Criminal. Affirms conviction of and sentence for Class D felony theft.

Terry R. Twitty, Sr. v. State of Indiana (NFP)
32A01-1001-PC-19
Post conviction. Affirms post-conviction court didn’t err by denying claim of ineffective assistance of appellate counsel or by not appointing counsel for Twitty’s post-conviction relief proceedings and subsequent re-sentencing. The post-conviction court erred by granting Twitty relief and by re-sentencing him under Blakely. Remands with instructions to restore his original sentence.

Rudolph V. Williams v. State of Indiana (NFP)
71A05-1004-CR-147
Criminal. Affirms conviction of Class C felony robbery.

Lafayette Caldwell v. State of Indiana (NFP)
45A03-1003-PC-156
Post conviction. Affirms denial of successive petition for post-conviction relief.

David Reynolds v. State of Indiana (NFP)
06A01-0802-PC-67
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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