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The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
A gaming agent of the Indiana Gaming Commission constitutes a “law enforcement officer” for purposes of the offense
of resisting law enforcement, the Indiana Court of Appeals decided today.
The Indiana Department of State Revenue erred in concluding that a natural gas-fired power plant in Terre Haute was subject
to the Utility Services Use Tax, ruled the Indiana Tax Court Wednesday.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jason G. Ertel v. State of Indiana
29A02-0908-CR-824
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse
its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable
suspicion to conduct an investigatory stop.
John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club
82A01-0910-CV-510
Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s
use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether
the deadmen installed on the landowners’ property are a nuisance or a trespass.
Paternity
of R.M.; N.C. v. K.M. (NFP)
02A03-1001-JP-21
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule
76(B).
David Mazhandu v. State of Indiana (NFP)
49A02-0909-CR-890
Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.
James
D. Boyd v. State of Indiana (NFP)
90A04-1001-CR-30
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40
years in prison.
Rocky
D. Beavers Jr. v. State of Indiana (NFP)
79A02-1002-CR-96
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.
Herman
F. Filice v. State of Indiana (NFP)
49A02-0911-CR-1109
Criminal. Affirms denial of motion to “remove sexually violent predator status.”
J.M.
Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)
20A03-0910-JV-480
Juvenile. Affirms finding that J.M. is a child in need of services.
Michael R. Pollard, Jr. v. State of Indiana (NFP)
45A05-0910-CR-594
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Rickey D. Gosha v. State of Indiana (NFP)
48A02-0910-CR-1006
Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.
Lorenzo
Borders v. City of Elkhart, Ind., et al. (NFP)
20A03-0907-CV-346
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in
favor of the City of Elkhart, et al.
George
Cox, et al. v. Honorable Roger D. Davis (NFP)
31A01-0912-CV-571
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.
Jason
Wells v. State of Indiana (NFP)
49A02-1004-CR-377
Criminal. Affirms conviction of Class C felony child molesting.
James
A. Barber v. State of Indiana (NFP)
29A02-0909-CR-916
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of
sexual misconduct with a minor as Class B felonies.
Larry
Andrew Anderson v. State of Indiana (NFP)
82A04-0911-CR-656
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony
possession of a legend drug.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
M.T.
v. State of Indiana
49A04-0908-JV-484
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence
of the probation violations it alleged and the state violated M.T.’s due process rights.
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
Attorney and Democratic candidate for Gibson County Prosecutor William R. Wallace III was indicted Tuesday on charges of obstruction
of justice, possession of child pornography, patronizing a prostitute, and false informing.
With approval from the U.S. Senate, Marion Superior Judge Tanya Walton Pratt is ready to make a historic move to the state’s
federal court system.
The newest judge for the Southern District of Indiana was sworn in Monday to officially become a U.S. District Judge.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul Morris v.
State of Indiana (NFP)
42A04-0912-CR-724
Criminal. Affirm convictions of Class C felony burglary and Class A misdemeanor resisting law enforcement.
David Eugene
Ball v. State of Indiana (NFP)
48A02-0909-CR-940
Criminal. Affirms termination of work release.
Lonnie Ray Stone
v. State of Indiana (NFP)
79A02-1001-CR-91
Criminal. Affirms Class C misdemeanor conviction of operating a vehicle with a blood alcohol content of at least 0.08 but
less than 0.015.
Percy L. Lipscomb, Jr. v. State of Indiana (NFP)
29A05-1002-CR-54
Criminal. Affirms sentence following guilty plea to Class C felony forgery.
Roderick M. Walsh
v. State of Indiana (NFP)
57A03-0911-CR-506
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated.
Andres Sanchez
v. State of Indiana (NFP)
20A04-0912-CR-720
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting.
Michael Landon
Deneal v. State of Indiana (NFP)
45A03-0912-CR-569
Criminal. Affirms sentence following guilty plea to Class C felony burglary.
Kelly Swegman
v. State of Indiana (NFP)
49A04-0912-PC-738
Post conviction. Affirms denial of petition for post-conviction relief.
Brandon Puckett v. State of Indiana (NFP)
49A02-0911-CR-1110
Criminal. Affirms denial of motion to withdraw guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Court of Appeals affirmed a defendant’s various drug convictions and sentence, finding the police officer
didn’t violate the man’s Fourth Amendment rights by looking in the defendant’s car when trying to serve
a warrant.
Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana
40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts
of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine,
Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate
reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car.
The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender
finding. Remands for the trial court to correct the sentencing order.
The Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died Monday morning. Michael A. Cosentino
was 74.
Marion Superior Judge Tanya Walton Pratt has just received confirmation from the U.S. Senate, meaning she'll become state's
first African-American federal judge and one of four female jurists on Indiana's federal bench.
The state could be on its way to getting a new federal magistrate in the Southern District of Indiana, the first new magistrate
in more than two decades.
The Supreme Court of the United States won’t take a case from New Albany about the city’s battle to close an adult
book and movie store.
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
The nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did
not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at
trial.
Indiana Court of Appeals
Ronald
D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial
court which had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings
lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Ronald
D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial
court that had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings
lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.
Steve
Pigg v. State of Indiana
52A02-0907-CV-666
Civil. Affirms denial of Pigg's motion for delivery of money from a former attorney. Pigg has waived his claim of injury
due to lack of a hearing by failing to request a hearing; but, waiver notwithstanding, Pigg failed to demonstrate any abuse
of discretion by the trial court in holding a trial by affidavit. Concludes from the evidence that attorney Kiefer has proven
that no unearned portions of the retainer paid for Pigg's representation remained upon Kiefer's termination of that
representation.
Diosha L. Lamb v. State of Indiana (NFP)
02A03-0912-CR-591
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Vickie A. Chaffins v. State of Indiana (NFP)
17A03-1001-CR-98
Criminal. Affirms sentence following guilty plea to Class A felony dealing methamphetamine.
Robert
D. Storey v. State of Indiana (NFP)
20A05-0911-PC-622
Post conviction. Affirms denial of petition for post-conviction relief.
Christopher
Roberts v. State of Indiana (NFP)
34A02-1002-CR-147
Criminal. Affirms sentence following guilty plea to Class D felony theft, Class C felony burglary, and Class D felony possession
of stolen property.
Rick Glascoe v. State of Indiana (NFP)
49A04-0911-CR-635
Criminal. Affirms conviction of Class A misdemeanor battery.
S.H.
v. Review Board of the Indiana Dept. of Workforce Development and D.O. McComb & Sons, Inc. (NFP)
93A02-0912-EX-1191
Civil. Affirms denial of unemployment benefits.
Indiana Tax Court had posted no opinions at IL deadline.