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Opinions Aug. 17, 2010

August 17, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cullen Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies, and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses were all part of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct clerical errors in the amended judgment and chronological case summary.

Paternity of M.B., N.B. v. J.W. (NFP)
45A03-0911-PL-536
Civil. Affirms in part, reverses in part, and remands. Rules the trial court did not abuse its discretion by sua sponte modifying the prior child-support order to reflect the mother was not providing overnight parenting time; remands for the court to adjust its order modifying the amount of support owed by mother so that it is prospective in nature only. Also rules the trial court did not abuse its discretion by failing to enforce parenting time because it used its discretionary authority to threaten M.B. and his father with sanctions if M.B. failed to participate in parenting time. It also didn’t abuse its discretion by designating a mid-point for the mother and M.B. to meet for parenting time and by ordering mother to pay dental bills incurred because of her authorization of dental work not covered by M.B.’s insurance.

Mark Stearns v. Amy Taylor-Stearns (NFP)
45A03-0908-CV-380
Civil. Affirms order to strike husband’s motions he filed after court-ordered deadline, and dissolution court did not abuse its discretion finding in husband in contempt and imposing sanction for willful breach of settlement agreement.

In re the Guardianship of C.J.; T.J. v. K.M. (NFP)
27A02-1002-GU-150
Guardianship. Affirms grant of mother K.M.’s petition to terminate stepmother’s guardianship of son, C.J., after the father’s death.

Terry D. McClinton, Jr. v. State of Indiana (NFP)
45A04-0912-CR-712
Criminal. Affirms aggregate sentence of 28 years for two counts of Class B felony robbery and one count of Class B felony dealing in cocaine.

Breondon D. Pinkson v. State of Indiana (NFP)
02A05-1002-CR-146
Criminal. Affirms revocation of probation, noting Pinkson was properly notified.

Golden Cummings v. State of Indiana (NFP)
49A02-0912-CR-1252
Criminal. Affirms conviction of Class C felony battery.

Isidro Lopez-Ruiz v. State of Indiana (NFP)
20A04-0912-CR-707
Criminal. Affirms 48-year sentence for convictions of two counts of Class A felony dealing in cocaine.

Earl Lee Russelburg v. State of Indiana (NFP)
82A01-1002-CR-113
Criminal. Affirms denial of petition for leave to file a belated notice of appeal.

Kenneth Ramey v. State of Indiana (NFP)
49A04-1001-CR-5
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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