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Opinions Dec. 17, 2012

December 17, 2012
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7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and  Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
Charles Knight v. Allstate Property and Casualty Ins. Co. (NFP)
02A05-1206-PL-290
Civil plenary. Affirms summary judgment in favor of Allstate.

Shelly Watson v. State of Indiana (NFP)
49A04-1204-CR-204
Criminal. Affirms trial court conviction of Class B misdemeanor public intoxication.

Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal rehearing. Declines request for rehearing and reaffirms trial court conviction of Class A misdemeanor resisting law enforcement.

Star Homes, Individually and d/b/a Garden Homes, Inc., David Garden, Donna Rothwell, John Michael Myers, Indiana Telephone Co., et al. v. Equity Trust Co., FBO James E. Henke, IRA (NFP)
49A02-1204-MF-350
Mortgage foreclosure. Reverses the trial court’s grant of summary judgment in favor of Equity Trust and remands, holding that summary judgment was inappropriate because the evidence was sufficient to create a factual issue regarding tendered payments.

In the Matter of B.A., Child Alleged to be in Need of Services; C.A. v. Indiana Dept. of Child Services (NFP)
49A02-1203-JC-252
Juvenile. Affirms the trial court order finding B.A. to be a child in need of services.

In the Matter of the Term. of the Parent-Child Rel. of J.B.; J.J. and B.B. v. Indiana Dept. of Child Services (NFP)
40A01-1204-JT-155
Juvenile/termination of parental rights. Affirms trial court termination of parental rights.












 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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