Kissing a sleeping victim doesn’t constitute sexual battery
A victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute, the Indiana Court of Appeals held Wednesday.
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Opinions April 20, 2011 ILD
Indiana Supreme Court had posted no opinions IL deadline.
Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.
The Adoption of R.S.T.; J.T. v. G.N. (NFP)
71A03-1008-AD-475
Adoption. Affirms order granting stepfather G.N.’s petition for adoption of R.S.T.
Edward P. Barsh v. State of Indiana (NFP)
48A02-1009-CR-1047
Criminal. Affirms revocation of home detention.
LaTrice L. King v. State of Indiana (NFP)
71A05-1007-CR-560
Criminal. Affirms conviction of and sentence for Class B felony criminal confinement.
James Lee-Vaughn White, II v. State of Indiana (NFP)
71A04-1009-CR-586
Criminal. Affirms conviction of Class D felony theft.
Loren Sallee v. State of Indiana (NFP)
31A01-1008-CR-399
Criminal. Affirms convictions of Class A misdemeanor domestic battery, Class D felony domestic battery, and Class A misdemeanor interference with reporting of a crime.
Luis Briones v. State of Indiana (NFP)
71A03-1009-CR-450
Criminal. Affirms convictions of murder, Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.
L.R. v. Review Board (NFP)
93A02-1009-EX-1010
Civil. Affirms decision of the review board concluding that L.R. is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.
Jason Morales v. State of Indiana (NFP)
82A04-1005-CR-311
Criminal. Affirms three convictions of Class B felony sexual misconduct with a minor.
Andrew S. Dugger v. State of Indiana (NFP)
48A05-1008-CR-562
Criminal. Affirms convictions of and sentence for Class B felony possession of a dangerous device or material by a prisoner and Class C felony battery.
Napoleon Camarillo v. State of Indiana (NFP)
46A03-1009-CR-553
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Carl Brown v. State of Indiana (NFP)
49A04-1007-CR-448
Criminal. Affirms convictions of Class B felony robbery, Class C felony intimidation, and Class B felony possession of a firearm by a serious violent felon.
Woody E. Sinclair v. State of Indiana (NFP)
02A03-1008-CR-443
Criminal. Affirms conviction of and sentence for Class C felony burglary.
Stroh Landmark, LP, et al. v. Willis Hecht (NFP)
17A03-1011-PL-631
Civil plenary. Reverses denial of Indiana Trial Rule 60(B) motion to set aside default judgment on a real estate transaction issue. Remands for further proceedings.
Term. of Parent-Child Rel. of C.S., et al; K.L. v. I.D.C.S. (NFP)
57A03-1009-JT-464
Juvenile. Affirms termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 20, 2011
Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.
Justices dismiss appeal
The Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties have reached a mediated settlement.
Open house Thursday for court agency office
The Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.
UPDATE: Hamilton Superior judge surprised by case resolution
In all his years on the bench, Hamilton Superior Judge William J. Hughes said he hasn’t experienced what he did this week as a defendant in a North Carolina court.
Legislation impacting judiciary awaiting final approval
Several bills that may alter the look of the Indiana judiciary await final approval during the waning days of the 2011 legislative session.
Opinions April 19, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael K. Wethington v. State of Indiana (NFP)
32A01-1009-CR-481
Criminal. Affirms conviction of operating a motor vehicle while an habitual traffic violator.
Paul Justice v. State of Indiana (NFP)
09A02-1009-CR-989
Criminal. Affirms sentence for Class C felony operating a motor vehicle after forfeiture of license for life.
M.R. v. State of Indiana (NFP)
89A01-1011-JV-587
Juvenile. Affirms trial court’s decision to award wardship of M.R. to Indiana Department of Correction.
Involuntary Commitment of T.S. (NFP)
49A02-1009-MH-990
Mental health. Affirms commitment order.
Cheynne Javon Williams v. State of Indiana (NFP)
02A05-1010-CR-625
Criminal. Affirms conviction of six counts of Class C felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 19, 2011
Indiana Court of Appeals
Michael K. Wethington v. State of Indiana (NFP)
32A01-1009-CR-481
Criminal. Affirms conviction of operating a motor vehicle while an habitual traffic violator.
Hamilton County judge pleads guilty to reckless driving
Longtime Hamilton Superior Judge William J. Hughes pleaded guilty Monday in a North Carolina court, avoiding a drunken driving conviction for a lesser count of reckless driving that means a year of unsupervised probation.
Latino services coordinator receives award for service to victims
Joseph Hogsett, U.S. Attorney for the Southern District of Indiana, presented an award Tuesday that honors people whose commitment and effort has a positive impact on the lives of crime victims in Indiana.
Experts to discuss judicial selection at IU Maurer
Four nationally known experts on judicial selection will participate in a panel discussion April 21 at Indiana University Maurer School of Law in the Moot Court Room.
COA to hear arguments at Ivy Tech campuses
The Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery case.
Opinions April 18, 2011
Indiana Court of Appeals
James Stewart v. State of Indiana
49A04-1001-CR-48
Criminal. Vacates Class C felony robbery conviction and corresponding four-year sentence because Stewart’s convictions for both felony murder and the underlying felony of robbery violate the prohibitions of double jeopardy. Finds there was sufficient evidence to support Stewart’s convictions of seven counts of felony murder, six counts of criminal confinement as Class B felonies, Class B felony burglary, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender. The trial court did not abuse its discretion in excluding certain hearsay statements or by admitting certain photographs, and Stewart isn’t entitled to the procedural protections of the Life Without Parole Statute. Judge Bradford concurs in part and concurs in result in part.
Judge argues state must prove actual endangerment
The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.
Opinions April 18, 2011, ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Marlan Bonds v. State of Indiana (NFP)
20A04-1005-PC-315
Post conviction. Affirms denial of petition for post-conviction relief.
Tommy L. Borders v. State of Indiana (NFP)
11A05-1001-CR-203
Criminal. Affirms convictions of and 45-year sentence for Class A felony possession of methamphetamine, Class C felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of marijuana and possession of paraphernalia.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied eight for the week ending April 15.
Opinions April 18, 2011
Indiana Court of Appeals
James Stewart v. State of Indiana
49A04-1001-CR-48
Criminal. Vacates Class C felony robbery conviction and corresponding four-year sentence because Stewart’s convictions for both felony murder and the underlying felony of robbery violate the prohibitions of double jeopardy. Finds there was sufficient evidence to support Stewart’s convictions of seven counts of felony murder, six counts of criminal confinement as Class B felonies, Class B felony burglary, Class A misdemeanor carrying a handgun without a license, and adjudication as a habitual offender. The trial court did not abuse its discretion in excluding certain hearsay statements or by admitting certain photographs, and Stewart isn’t entitled to the procedural protections of the Life Without Parole Statute. Judge Bradford concurs in part and concurs in result in part.
COA upholds convictions in Indianapolis Hamilton Ave. murders
The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
Court of Appeals dismisses Bren Simon’s appeal
The Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that removed her as interim trustee of her late husband’s $2 billion estate.
Justices accept ordinance case
The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.