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Opinions March 7, 2013

March 7, 2013
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Indiana Supreme Court
In Re: Visitation M.L.B.: K.J.R. v. M.A.B.
41S01-1209-MI-556
Miscellaneous. Rules despite the trial court’s ample “best interests” findings, the lack of findings on the other three factors, both standing alone and as compounded by the extensive visitation awarded without those necessary findings, violates Mother’s fundamental right to direct M.L.B.’s upbringing. Remands for a new entry of findings and conclusions revealing the court’s consideration of all four McCune/K.I. factors, without a new hearing.

Indiana Court of Appeals
Joseph Matheny v. State of Indiana
49A04-1207-CR-347
Criminal. Affirms conviction of Class D felony auto theft. The police officer did not violate Matheny’s constitutional rights by asking for his address, so there was no error in admitting his statement at trial. The trial court erred in refusing one of Matheny’s tendered jury instructions, but the error was harmless.

Marcus Willis v. State of Indiana

49A02-1208-CR-636
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. The state failed to prove a material element of criminal trespass within the meaning of I.C. 35-43-2-2(a)(1).

In Re The Matter of K.W. and B.W., Children in Need of Services: A.W. v. Indiana Dept. of Child Services (NFP)

32A05-1210-JC-537
Juvenile. Affirms court’s approval of K.W. and B.W. relocating with maternal grandparents to Wisconsin after they were placed with the grandparents following being adjudicated as children in need of services.

Dale Hite v. State of Indiana (NFP)
75A03-1208-CR-355
Criminal. Affirms two convictions of Class B felony resisting law enforcement and sentence.

Kenneth Hunter v. Deborah Goodrich and Paul Goodrich (NFP)
07A05-1205-GU-244
Guardianship. Affirms denial of the Hunters’ petition to remove the Goodriches as P.G.’s guardian and name them as P.G.’s successor guardians.

Q.P. v. State of Indiana (NFP)

79A02-1207-JV-609
Juvenile. Affirms order awarding wardship of Q.P. to the Indiana Department of Correction for housing in a correction facility for children.

Indiana Public Employee Retirement Fund (PERF) v. Robert O. Effner (NFP)
84A05-1208-MI-410
Miscellaneous. Reverses award of PERF benefits to Effner to a date more than four years before he applied for benefits. Remands for proceedings consistent with the opinion.

Victor Ponce v. State of Indiana (NFP)
20A04-1208-PC-396
Post conviction. Affirms denial of petition for post-conviction relief.

Imani Clark v. State of Indiana (NFP)
49A02-1208-CR-630
Criminal. Affirms revocation of probation.

In the Matter of the Termination of the Parent-Child Relationshp of: A.A., S.T., and C.P.; and A.A. v. The Indiana Department of Child Services (NFP)
49A02-1206-JT-511
Juvenile. Affirms involuntary termination of parental rights.

The Indiana Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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