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Opinions April 17, 2014

April 17, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Ronnie Jamel Rice v. State of Indiana
45S00-1206-CR-343
Criminal. Affirms trial court’s revised sentencing order of life in prison without parole. Rice argued the trial court erred in considering non-statutory aggravating circumstances to support the order and his sentence should be revised. The revised order comports with Supreme Court precedent and does not represent an abuse of the trial court’s discretion.

Thursday’s opinions
Indiana Tax Court

Larry G. Jones and Sharon F. Jones v. Jefferson County Assessor
39T10-1308-TA-68
Tax. Denies the assessor’s motion to dismiss. Instructs the Joneses to file no later than April 28 a request for the Indiana Board of Tax Review to prepare a certified copy of its administrative record in the case. In accordance with Indiana Tax Court Rule 3(E), the Joneses shall then file the record with the clerk of the Tax Court within 30 days after they have received notification from the board that the record has been prepared. Once the court receives the board’s record, it will schedule another telephonic case management conference to discuss the need for additional briefing and oral argument.

Indiana Court of Appeals
Jason Taylor v. State of Indiana
45A03-1310-CR-406
Criminal. Reverses denial of petition for expungement. Determines that the word “shall” in Section 35-38-9-2(d) is mandatory language requiring expungement. And such an interpretation does not render Section 35-38-9-9(d) meaningless because that section applies to other parts of the statute where the trial court does have discretion to deny a petition for expungement.

Geoffrey A. Gilbert v. Melinda J. Gilbert
57A03-1308-DR-312
Domestic relation. Affirms order approving mother’s relocation request. The trial court did not abuse its discretion in granting mother’s request to relocate because she had a good faith and legitimate purpose for relocating, and the move was not contrary to the children’s best interests. Additionally, mother is not entitled to appellate attorney fees because father’s appeal is not frivolous or in bad faith. Judge Robb dissents.

Charrise Belton v. State of Indiana
49A04-1310-CR-487
Criminal. Reveres conviction of Class A misdemeanor driving while suspended. The state presented insufficient evidence to negate Belton’s necessity defense.

Teresa Fry n/k/a Teresa Dolan v. Michael Fry
64A03-1307-DR-262
Domestic relation. Affirms grant of Michael Fry’s emergency petition for modification of custody, alleging that Teresa Dolan suffers from a degenerative illness that renders her unable to adequately care for the children. Finds the trial court had jurisdiction to determine the custody of K.D. and it committed no legal error.

Geico General Insurance Company v. Laura B. Coyne, Cheryl A. O'Mailia, and James O'Mailia
20A04-1307-CT-325
Civil tort. Reverses award of attorney fees to the O’Mailias, which was based upon GEICO litigating in bad faith. GEICO’s counsel’s statements show the decisions not to disclose certain information was strategic in nature and believed to be within the bounds of the law. Denies the couple’s request for appellate attorney fees. Judge Barnes concurs in a separate opinion.

Joshua Cornett v. State of Indiana (NFP)
49A02-1308-CR-730
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

In Re: the Marriage of: Gordon Somerville v. Effie K. Somerville (NFP)
49A02-1308-DR-735
Domestic relation. Vacates trial court’s judgment in part because husband established a prima facie error with regard to the trial court’s valuations of marital property and remands with instructions.

K.P. v. State of Indiana (NFP)
87A04-1307-JV-384
Juvenile. Affirms adjudication that K.P. committed two acts that would be child molesting if committed by an adult.

Michelle D. Gauvin v. State of Indiana (NFP)
79A02-1306-PC-542
Post conviction. Affirms denial of petition for post-conviction relief.

Thomas Curtis Edmond v. State of Indiana (NFP)
45A03-1303-PC-90
Post conviction. Affirms denial of petition for post-conviction relief.

Gwendolyn F. Jones v. State of Indiana (NFP)
48A02-1308-CR-678
Criminal. Affirms convictions of Class B felony robbery and Class C felony battery and remands with instructions to enter judgment upon Jones’ felony intimidation conviction as a misdemeanor and resentence her.

Patrick R. Taylor v. Jason Evans, Curtis Evans, and Chrystal Evans (NFP)
49A02-1303-CT-195
Civil tort. Affirms dismissal of Taylor’s personal injury action for failure to comply with a discovery order.

Daniel Torres v. State of Indiana (NFP)
48A05-1305-CR-267
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor.

Barbara Wiggles v. Sandlian Management Corporation d/b/a U-Stor Self-Storage (NFP)
49A02-1306-CT-511
Civil tort. Affirms decision to grant U-Stor’s motion to strike Wiggles’ affidavit and its decision to grant U-Stor’s motion for judgment on the pleadings.

Ben L. Macon v. State of Indiana (NFP)
02A03-1309-CR-364
Criminal. Affirms denial of Macon’s motion to sever and hold two separate trials.

The Indiana Supreme Court posted no decisions Thursday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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