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Opinions Jan. 22, 2014

January 22, 2014
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Indiana Court of Appeals
Antoine Duff v. State of Indiana (NFP)
49A02-1306-CR-503
Criminal. Affirms 16-year sentence, with 10 years executed and six years suspended, for Class B felony battery.

Anthony Barnett v. State of Indiana (NFP)
22A01-1302-PC-84
Post conviction. Affirms denial of petition for post-conviction relief.

Zachary Buza v. State of Indiana (NFP)
61A05-1304-CR-149
Criminal. Affirms convictions of Class A felony attempted murder, Class B felony attempted aggravated battery, two counts of Class C felony criminal recklessness and Class A misdemeanor battery resulting in bodily injury.

Michael E. Mattingly v. Review Board of the Indiana Department of Workforce Development, and Meijer Stores Limited Partnership (NFP)
93A02-1304-EX-383
Agency action. Affirms denial of unemployment benefits.

Bruce Jones v. State of Indiana (NFP)
49A02-1304-CR-363
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

In the Matter of the Termination of the Parent-Child Relationship of B.B. and B.B. (Minor Children), A.S. (Mother) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-431
Juvenile. Affirms denial of mother’s motion for relief from judgment following termination of parental rights.

Michael T. Smith v. State of Indiana (NFP)
49A04-1304-CR-172
Criminal. Affirms conviction of Class C felony child molesting.

Challie A. Gray v. State of Indiana (NFP)
49A02-1306-CR-534  
Criminal. Affirms murder conviction.

Antonio D. Johnson v. State of Indiana (NFP)
48A04-1305-CR-241
Criminal. Affirms revocation of probation.

Kevin Joseph Cherrone v. State of Indiana (NFP)
71A03-1305-CR-187
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Tabitha Edwards v. State of Indiana (NFP)
29A02-1305-CR-444
Criminal. Affirms convictions of Class A misdemeanor operating a vehicle while intoxicated endangering a person and Class D felony operating a vehicle while intoxicated with a prior within five years.

Justin Kyle Loy v. State of Indiana (NFP)
48A04-1303-CR-148
Criminal. Affirms order revoking probation.

J.F. v. State of Indiana (NFP)
49A04-1305-JV-247
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.

Reginald Binion v. State of Indiana (NFP)
45A05-1304-CR-177
Criminal. Affirms 15-year sentence following guilty plea to Class B felony attempted armed robbery.

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

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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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