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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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