Search Results

The following opinions were posted after IL deadline Thursday.

Indiana Supreme Court
Che
B. Carter v. State of Indiana
49S04-0903-PC-102
Post conviction. Affirms denial of petition for post conviction relief. While the instruction that attempted murder required
a knowing step toward an intentional killing was substandard, it is apparent that the jury was told what the law required.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Clifton
Mauricio v. State of Indiana (NFP)
02A03-1002-PC-130
Post conviction. Affirms denial of petition for post-conviction relief.

C.M.M.
v. D.D.F. (NFP)
09A04-0910-CV-564
Civil. Affirms denial of father C.M.M.’s petition for hearing and modification of prior order based on actions of children.

Indiana Tax Court had posted no opinions at IL deadline.

The following opinions were posted after IL deadline Wednesday
Indiana Supreme Court
Curtis
F. Sample v. State of Indiana
45S03-1006-CR-338
Criminal. Affirms Sample’s convictions and sentence for attempted murder and criminal confinement. Vacates habitual
finding adjudication and remands for new habitual offender phase of trial. Because the trial court provided over Sample’s
objection an instruction that minimized the jury’s power of discretion in making a determination on habitual offender
status, and provided a “law and facts” instruction that rendered meaningless the jury’s Article I, Section
19 authority, the trial court committed reversible error. Sample is entitled to have the habitual offender adjudication vacated.

Subhen
Ghosh v. Indiana State Ethics Commission and Office of the Inspector General
32S01-0910-CV-504
Civil. Holds that a 2005 amendment authorized State Employee Appeals Commission to consider ethical violations among other
grounds for termination in conducting this review, but did not otherwise affect the general rule that the Ethics Commission
has exclusive jurisdiction to interpret the state Ethics Code. Ghosh’s attempt to review his termination by the Indiana
Department of Environmental Management in this subsequent Ethics Commission proceeding is therefore barred by IDEM’s
earlier unappealed decision to terminate him. Upholds the Ethics Commission’s sanction against Ghosh.

Austin
Knight v. State of Indiana
02S03-1006-CR-339
Criminal. Revises Knight’s sentence of 70 years following a guilty plea without a plea agreement to 11 counts, including
felony burglary and robbery, to a total aggregate term of 40 years. Cannot conclude that Knight’s transgressions necessarily
“demonstrate a character of such recalcitrance or depravity” that they justify a 70-year sentence. Remands for
re-sentencing.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
John
M. Knight v. Kelly A. Knight (NFP)
39A01-0909-CV-453
Civil. Affirms denial of John Knight’s petition for modification of child support.

Luiz
Alves v. Damon R.  Leichty, James W. Tuesley, and Barnes & Thornburg, LLC (NFP)
71A03-0912-CV-605
Civil. Affirms dismissal with prejudice of Alves’ complaint for legal malpractice.

Karla
J. Reaser v. State of Indiana (NFP)
92A03-1001-CR-20
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor possession of paraphernalia, and Class D felony
criminal confinement.

Derrick
D. Hammond v. State of Indiana (NFP)
59A05-0908-CR-475
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class B misdemeanor false informing.



In Re: the Marriage of J.R. and M.R. (NFP)
30A01-0912-CV-581
Civil. Affirms child support award, reverses division of marital estate, and remands with instructions.

Elizabeth
Saldivar-Cruz v. Guardian Industries Corp. (NFP)
93A02-0909-EX-839
Civil. Affirms denial of application for adjustment of claim with the Worker’s Compensation Board of Indiana.

Gregory
A. Harpenau v. State of Indiana (NFP)
62A01-1002-CR-52
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated with a prior conviction.

Indiana Tax Court had posted no opinions at IL deadline.

The following opinion was posted after IL deadline Tuesday.
Indiana Supreme Court
Kenneth
Brown v. State of Indiana
11S04-0911-CR-537
Criminal. Affirms Brown’s convictions of possession with intent to deliver methamphetamine as a Class B felony, possession
of a controlled substance as a Class C felony, possession of paraphernalia as a Class A misdemeanor, and possession of marijuana
as a Class A misdemeanor. Brown failed to preserve his challenge to the admissibility of evidence. Holds that a claimed error
in admitting unlawfully seized evidence at trial is not preserved for appeal unless an objection was lodged at the time the
evidence was offered. Also holds that such a claim, without more, does not assert fundamental error.

Today’s opinions
Indiana Court of Appeals
Michael
L. Smith v. State of Indiana
52A04-0909-CR-504
Criminal. Affirms Smith’s 7-year sentence following guilty plea to auto theft, institutional criminal mischief, and
arson. Reverses condition of probation that says unfavorable results of Smith’s polygraph examinations on drug use and
drug trafficking would constitute a probation violation. The use of those tests is improper as found in Hoeppner. Remands
for trial court to amend Smith’s conditions of probation to say positive results may be used against him in a probation-revocation
proceedings and may constitute a violation of probation.

Brightpoint,
Inc. and Brightpoint Europe A/S v. Steen F. Pedersen
49A02-0912-CV-1196
Civil. Affirms dismissal of Brightpoint’s complaint against Pedersen. The trial court did not abuse its discretion
in denying Brightpoint and Brightpoint Europe’s motion to strike nor in dismissing the complaint on the basis of comity.

John
Bragg and Built on Foundation, Inc. v. City of Muncie and The Housing Authority
18A04-0912-CV-725
Civil. Affirms summary judgment in favor of City of Muncie and the Muncie Housing Authority on Bragg’s claim for tortious
interference with a contract. Thus, the designated evidence establishes that the agreement between Weatherly and Bragg may
very well have violated the requirements of Indiana Code Section 36-1-2-1 et seq., which would have rendered the contract
void ab initio.

John
Offett v. State of Indiana (NFP)
49A04-0912-CR-687
Criminal. Affirms conviction of Class C felony forgery.

C.B.
v. State of Indiana (NFP)
49A02-0909-JV-842
Juvenile. Affirms adjudication for committing dangerous possession of a firearm by a child, a Class A misdemeanor if committed
by an adult.

Eddie
D. Lowe v. State of Indiana (NFP)
58A01-0912-CR-615
Criminal. Affirms revocation of probation.

Michael
K. Williams v. State of Indiana (NFP)
45A03-0909-CR-438
Criminal. Affirms denial of motion to correct sentence.

Carmen
Kelleher, et al. v. Carol Mason, as personal representative of the Estate of Donald W. Mason (NFP)
45A03-0912-CV-598
Civil. Affirms declaratory judgment in favor of Donald Mason’s estate.

Patton
Homes, LLC, et al. v. Robert Bellows, et al. (NFP)
03A04-0906-CV-358
Civil. Reverses finding that Patton was bound by Robert Bellows’ contractual obligation to the City of Columbus to
provide the sidewalks in question.

Jermaine
J. Johnson v. State of Indiana (NFP)
49A04-0910-CR-591
Criminal. Reverses order Johnson pay $100 supplemental public defender service fee and remands.

Danny
T. Dunlap v. State of Indiana (NFP)
49A02-0907-PC-620
Post conviction. Affirms denial of petition for post-conviction relief.

Lawrence
Brown v. State of Indiana (NFP)
49A02-0908-CR-732
Criminal. Affirms conviction of Class A voluntary manslaughter.

Thaddeus
J. Zysk v. Jennifer K. Zysk (NFP)
48A02-0912-CV-1236
Civil. Affirms order granting Jennifer Zysk’s request to relocate to California with parties’ two minor children.

Jon
Marc Kaetzel and Beverly K. Kaetzel v. The Carl Kaetzel Trust, et al. (NFP)
74A01-1001-PL-30
Civil plenary. Reverses judgment against Jon and Beverly Kaetzel on the trusts’ breach of trust claim. Remands with
instructions to enter judgment in favor of Jon and Beverly Kaetzel on the claim and to rule on all remaining claims. Affirms
judgment for Carl Kaetzel on prejudgment interest and remands with instructions to calculate the amount owed.

Term.
of Parent-Child Rel. of J.G. & J.R.; A.R. v. IDCS (NFP)
20A05-1001-JT-21
Juvenile. Affirms termination of parental rights.

Richard
Joslyn v. State of Indiana (NFP)
49A04-0908-CR-460
Criminal. Affirms convictions of Class C felony stalking and four counts of Class A misdemeanor invasion of privacy.

Guardianship
of Alice L. Schoonover (NFP)
84A01-0904-CV-207
Civil. Affirms order that Margaret Ditteon reimburse the Estate of Alice L. Schoonover for funds misappropriated by a woman
who preceded Ditteon as guardian.

Indiana Tax Court had posted no opinions at IL deadline.