Opinions July 7, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
In the Matter of: A.C. v. State of Indiana
49A04-0912-JV-682
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor resisting law enforcement if committed by
an adult. A.C.’s simple failure to stand, without more, amounts to passive inaction and seems analogous to the failure
to present one’s arms for handcuffing, which the Indiana Supreme Court has said does not constitute forcible resistance.
Leroy
Jones v. State of Indiana
27A02-1002-CR-168
Criminal. Reverses convictions of two counts of dealing in cocaine, one as a Class A felony and one as a Class B felony.
The evidence was not sufficient to prove Greentree was a family housing complex on the day in question and the jury could
not have so found. Because the trial court erroneously instructed the jury as to the meaning of “family housing complex,”
Jones’s dealing conviction under Count 1 was enhanced via a statute that, after the acts were committed, changed the
elements of the crime with which he was charged. Remands for the Class A felony to be entered as a Class B felony and to re-sentence
him consistent with the opinion.
Michael
A. Balasquide v. State of Indiana (NFP)
49A02-0912-CR-1238
Criminal. Affirms convictions of Class A felony child molesting and Class B felony incest.
Theodore
N. Hannibal v. State of Indiana (NFP)
34A02-1002-CR-130
Criminal. Affirms determination Hannibal is a habitual substance offender. Remands for an amendment to the sentencing order.
Tyshekia
Burris v. State of Indiana (NFP)
49A02-0911-CR-1133
Criminal. Reverses conviction of Class D felony criminal recklessness.
Sally
G. Leonard v. United Farm Family Mutual, et al. (NFP)
71A03-0909-CV-444
Civil. Affirms summary judgment for United Farm Family Mutual on Leonard’s complaint for damages and declaratory relief
based on a car accident.
Marco
Hernandez-Lopez v. State of Indiana (NFP)
49A02-0912-CR-1178
Criminal. Affirms sentence for Class A misdemeanor conversion.
Jonathan
Graves v. State of Indiana (NFP)
49A02-0912-CR-1284
Criminal. Affirms order revoking probation and ordering Graves serve two years of a previously suspended sentence.
Involuntary
Commitment of R.C. (NFP)
49A02-0912-CV-1229
Civil. Affirms sufficiency of evidence to support order involuntarily committing R.C. to Community Hospital North Mental
Health Center.
Christopher
J. Geideman v. State of Indiana (NFP)
71A05-1002-CR-63
Criminal. Affirms convictions of and sentence for two counts of Class A misdemeanor battery and one count of Class D felony
residential entry.
Kevin
D. Risner v. State of Indiana (NFP)
75A03-0907-CR-300
Criminal. Affirms convictions of Class D felonies operating a vehicle as a habitual traffic violator, and operating a vehicle
while intoxicated with a previous conviction, and the finding Risner is a habitual substance offender.
Kurt
O. Elder v. State of Indiana (NFP)
28A04-1002-CR-67
Criminal. Affirms order revoking six years of probation and requiring Elder to remain on probation through the date that
he was previously scheduled to be released.
T.H.,
II et al., Alleged to be C.H.I.N.S.; T.H. & S.H. v. Monroe County Department of Child Services (NFP)
53A01-0911-JV-548
Juvenile. Affirms finding children are CHINS and order that they be removed from the home.
Matthew
Baugh v. State of Indiana (NFP)
18A02-0911-CR-1155
Criminal. Affirms revocation of probation and imposition of the two-year sentence that had originally been suspended.
Brian
L. Riker v. State of Indiana (NFP)
14A01-0909-CR-451
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor, Class B felony attempted sexual
misconduct with a minor, Class D felony sexual battery, and six counts of Class A misdemeanor contributing to the delinquency
of a minor.
Harry
Green, Jr. v. State of Indiana (NFP)
02A04-1003-CR-178
Criminal. Affirms sentence following guilty plea to Class D felony intimidation, Class C misdemeanor public nudity, Class
C misdemeanor operating while intoxicated, and Class C misdemeanor operation of a motor vehicle by an unlicensed driver.
Robin
Ann Parks v. Michael and Kathryn Grube (NFP)
83A05-0911-CV-652
Civil. Affirms order granting custody of Parks’ children to the Grubes.
Denise
L. Black v. State of Indiana (NFP)
45A03-0912-CR-572
Criminal. Vacates eight-year executed sentence imposed following guilty plea to Class C felony reckless homicide and remands
for imposition of a six-year executed sentence.
Indiana Tax Court had posted no opinions at IL deadline.