Opinions Feb. 28, 2014

February 28, 2014
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Indiana Court of Appeals
Mary L. Anderson v. Wayne Post 64, American Legion Corp.
Civil tort. Affirms order setting aside its default judgment against Wayne Post 64, American Legion Corp. Anderson failed to serve the American Legion in a manner authorized by the Indiana Trial Rules.

Kenneth Seales v. State of Indiana
Criminal. Affirms denial of motion to remove Seales from the sex offender registry and his motion to correct error. The additional registration requirements imposed on him after a 2006 change in the law do not amount to an impermissible ex post facto law.

Eddie Hughes v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Terry Lee Duckworth v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony sexual battery.

In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Debra Sue Miles v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)
Civil tort. Reverses summary judgment in favor of Harry J. Kloeppel & Associates on Gwinn’s claim for negligence.

Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)
Mortgage foreclosure. Affirms summary judgment in favor of the bank on its complaint to foreclose on its mortgage.

Scott Logan v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molestation.

D.K. v. State of Indiana (NFP)
Juvenile. Affirms finding that D.K. committed what would be Class A misdemeanor battery if committed by an adult.

Alonzo Golston Williams III v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony intimidation.

David Ball v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance.

Joshua Basey v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony criminal confinement in bodily injury.

James A. Lynn v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for Class B felony burglary and Class D felony theft.

Deion Taylor v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Stewart Gase v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)
Agency action. Affirms determination that Anderson is eligible for unemployment benefits.

Johnny Leon Burchett v. State of Indiana (NFP)
Criminal. Affirms denial of motion for continuance and request to withdraw guilty plea.  

Christopher M. Galvan v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molesting.

In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)
Adoption. Dismisses appeal of order granting petition of C.G. and K.G. to adopt O.R. for lack of subject matter jurisdiction.

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


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon