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Opinions Dec. 13, 2013

December 13, 2013
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Indiana Court of Appeals
John Everitt Dickey v. State of Indiana
10A01-1212-CR-587
Criminal. Affirms conviction of two counts of Class A child molesting, rejecting Dickey’s argument that testimony about his physical abuse of the victim and her mother was improperly admitted. The court held that Dickey failed to preserve the argument for appeal because, while his attorney objected to a line of questioning about when Dickey’s relationship with the victim’s mother began to change, a continuing objection was not raised.

Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.
Demetrius Walker v. State of Indiana
49S02-1312-CR-804
Criminal. Affirms Walker’s conviction for resisting law enforcement as a Class A misdemeanor. Although he did not physically touch a police officer, Walker ignored orders to drop to the ground and instead moved toward the officer in an aggressive manner with his fist clenched. The Supreme Court found the totality of Walker’s conduct was sufficient to show an active threat of strength, violence or power.


7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
Kenny A. Jones, Sr. v. City of Elkhart, Indiana, et al.
12-3912
Criminal. Affirms summary judgment in favor of City of Elkhart and other defendants in a suit alleging a traffic stop and drunken-driving arrest were violations of the plaintiff’s Fourth and Fourteenth Amendment rights. Summary judgment was permissible because the record showed ample probable cause for police to stop Jones, who later tested above the legal blood alcohol limit and was charged with operating a vehicle while intoxicated.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
 

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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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