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Opinions July 7, 2010


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.

COA: Teen didn’t resist law enforcement

A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.

Interviews for next justice under way today

One by one, attorneys are appearing before the seven-member Indiana Judicial Nominating Commission to explain why they should
be the next Indiana Supreme Court justice.

Canine sniff case gets second look, same ruling

On a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.

Opinions July 6, 2010 ILD


Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Terry
Huddleston v. State of Indiana (NFP)
15A04-0912-CR-705
Criminal. Affirms conviction of and sentence for possession of a controlled substance with intent to deliver following guilty
plea.

Sylvario
Wilson v. State of Indiana (NFP)
79A05-1003-CR-158
Criminal. Affirms trial court’s denial of motion to withdraw a guilty plea. Remands for clarification of sentence or
a new sentencing determination.

L.M.,
et al., Alleged to be Children in Need of Services; N.D. v. Marion County Dept. of Child Services and Child Advocates Inc.
(NFP)
49A04-0911-JV-644
Juvenile. Reverses juvenile court’s adjudication of children, Le.M., L.M. Jr., and J.D., as children in need of services.

 
Roger
L. Storey v. State of Indiana (NFP)
57A05-1001-CR-40
Criminal. Affirms six-year executed sentence following a guilty plea to Class C felony nonsupport of a dependent child.

 
Bryan
Claywell v. State of Indiana (NFP)
49A02-0912-CR-1214
Criminal. Reverses conviction following bench trial for Class A felony child molesting.
 
Vidal Clayton v. State of Indiana (NFP)
21A01-1001-CR-9
Criminal. Affirms trial court’s order that the sentence imposed following guilty plea to Class A felony conspiracy
to commit murder be served consecutively to a sentence imposed following an unrelated conviction.
 
Frank
Byers v. State of Indiana (NFP)
49A02-0910-CR-966
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class C felony criminal confinement.

 
Benjamin
L. Underwood v. State of Indiana (NFP)
20A05-0912-CR-707
Criminal. Affirms convictions of and sentences for murder and conspiracy to commit aggravated battery.
 
H
& L Motors, LLC v. Millennium Auto Group Inc. (NFP)
43A03-1002-PL-105
Civil. Affirms trial court’s order dismissing H&L Motors’ complaint against Millennium Auto Group Inc.

Indiana Tax Court posted no opinions before IL deadline.

Court affirms felony nonsupport of a dependent conviction

A man claiming he proved he was unable to pay child support because of his numerous incarcerations did not convince the Indiana
Court of Appeals. In its ruling today, the court relied on Becker v. Becker to affirm the man’s conviction
of Class C felony nonsupport of a dependent child.

Opinions July 6, 2010

Indiana Court of Appeals
Derrick
Bush v. State of Indiana
49A02-0907-CR-682
Criminal. After considering state’s claims of waiver as presented in its petition for rehearing, reaffirms original
opinion reversing Bush’s conviction of carrying a handgun without a license. Court of Appeals originally reversed conviction
after it held a canine sniff and resulting warrantless search of Bush’s automobile violated the Fourth Amendment because
the state did not meet its burden of showing the traffic stop was not unreasonably prolonged or there was independent reasonable
suspicion to justify the canine sniff.

IBA: Strategic Planning

The leadership of the Indianapolis Bar Association has long made an effort to track change and respond to it through strategic planning.

IBA: Did You Know?

The General Assembly passed several bills that affect Indiana taxes.

IBA: Divorce and Social Media

An overwhelming 81% of the nation’s top divorce attorneys say they have seen an increase in the number of cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML).

IBA: Seeking to Honor Excellence

Awarding professional excellence on the bench and in the bar is the purpose of the Indianapolis Bar’s Silver Gavel and Professionalism Awards.

Hickey: State of the Bar Association

It is hard to believe, but the year is officially half over. Reflecting on the first six months, it has been a very productive, very good time for the Bar.

IBA: Peterson to Highlight Luncheon

Former Indianapolis Mayor and Eli Lilly executive Bart Peterson will be the featured speaker at the Indianapolis Bar’s
luncheon on August 20 at the Hyatt Regency.

IBA: Lawyer Referral

Many people in our community, who are dealing with the impacts of the current economic crisis, often wonder where they can
turn for help.