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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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