Opinions July 9, 2010

The following opinion was issued after Thursday’s IL deadline.

Indiana Supreme Court
Steven
W. Everling v. State of Indiana
48S05-0911-CR-506
Criminal. Reverses and remands for a new trial following jury’s finding of Everling to be guilty of three counts of
child molesting and two counts of sexual misconduct with a minor. While Everling raised several issues for a reversal, the
Supreme Court addressed only whether the judge’s conduct during the trial deprived Everling of a fair trial. Concludes
the court’s overall conduct evidenced partiality.

Today’s Opinions
7th Circuit Court of Appeals
Freddie
L. Byers Jr. v. James Basinger, Superintendent of the Wabash Valley Correctional Facility
09-1833
U.S. District Court, Northern District of Indiana, South Bend Division. Judge Allen Sharp
Civil. Affirms District Court's denial of Byers' habeas petition. After a jury found Byers guilty of murder, attempted
murder and robbery, the Indiana Supreme Court affirmed on direct appeal. The Indiana Court of Appeals denied his petition
for post-conviction relief, and the Indiana Supreme Court denied transfer. The District Court later denied Byers’ habeas
petition, in which Byers argued that his trial counsel performed deficiently. The 7th Circuit granted Byers a certificate
of appealability on the question whether he had been denied effective assistance of counsel. The 7th Circuit affirmed the
district court’s denial because, even if Byers successfully exhausted his claim, it lacks merit.

Today's opinions
The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Daniel
C. Reinhart v. State of Indiana
57A03-1002-CR-84
Criminal. Reverses Reinhart’s convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor
possession of marijuana. The sole issue presented for review was whether trial court abused its discretion when it admitted
evidence obtained following a traffic stop of Reinhart’s vehicle. Reinhart asserted police violated his Fourth Amendment
right to be free from unreasonable search and seizure.
 
Allen
A. Halferty v. State of Indiana
20A03-0910-CR-475
Criminal. Affirms Halferty’s conviction of maintaining a common nuisance by dealing methamphetamine. Reverses his conviction
of Class A felony dealing in methamphetamine and remands with instructions to enter a conviction for Class B felony dealing
in methamphetamine due to evidence regarding the amount of the drug. Also instructs trial court to revise Halferty’s
sentence to reflect the change from Class A felony to Class B felony.
 
Charles
Taylor v. State of Indiana
71A04-1001-PC-6
Post-conviction. Affirms post-conviction court’s denial of Taylor’s petition for post-conviction relief. After
he initiated a direct appeal of his three convictions of Class B felony unlawful possession of a firearm by a serious violent
felon, the Court of Appeals had granted Taylor a Davis/Hatton petition, which involves a termination or suspension
of a direct appeal already initiated, upon appellate counsel’s motion for remand or stay, to allow a post-conviction
relief petition to be pursued in the trial court. Court of Appeals concludes Taylor’s trial counsel did not provide
ineffective assistance by failing to object to the admission of the weapons and that his convictions do not violate Indiana’s
prohibition against double jeopardy.
 
Ben
Gill v. State of Indiana (NFP)
49A05-0912-CR-734
Criminal. Affirms convictions of and sentences for intimidation and battery following a guilty plea without a written plea
agreement.

Mark
A. Shepard v. State of Indiana (NFP)
49A02-0912-CR-1244
Criminal. Affirms conviction of battery.
 
Robert
Townsend v. State of Indiana (NFP)
49A02-0911-CR-1120
Criminal. Affirms classification as a Sexually Violent Predator.

Donald
J. Zellers v. Sharon Zellers (NFP)
43A03-0909-CV-433
Civil. Affirms trial court’s distribution of marital property following divorce.
 
Kirby
D. Oliver v. State of Indiana (NFP)
45A03-1002-CR-53
Criminal. Affirms trial court’s denial of Oliver’s motion requesting placement in community corrections following
a guilty plea to murder.

The Indiana Tax Court posted no opinions before IL deadline.