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Opinions June 13, 2014

June 13, 2014
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Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Randy L. Knapp v. State of Indiana
28S00-1305-LW-327
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.

Indiana Court of Appeals
Brian S. Moore v. Kristy L. Moore
49A04-1310-DR-499
Domestic relation. Reverses contempt finding against Brian Moore and 30-day suspended jail sentence. The trial court improperly denied his request for the appointment of counsel. Remands for the trial court to determine if he is indigent and, if so, to appoint counsel to represent him at a new contempt hearing.

Robert L. Slone v. State of Indiana
17A03-1312-CR-496
Criminal. Affirms 24-year sentence after Robert L. Slone pleaded guilty to three counts of burglary in two separate causes. The fact that the state chose to join charges for trial does not prove that Slone’s criminal actions arose from a single episode of criminal conduct, therefore, the court did not abuse its discretion in sentencing.

In the Matter of the Adoption of M.S.; C.L.S., v. A.L.S.
20A03-1306-AD-217
Adoption. Affirms trial court’s order granting stepmother’s petition to adopt minor daughter, M.S. Rejects mother’s argument that the trial court’s calculation of her child support arrearage as the equivalent of one year of missed payments was improper. Concludes that interpreting Indiana statute as meaning a parent must fail to pay child support for one entire calendar year could lead to absurd consequences. Also finds the adoption was in M.S.’s best interests.

Jonathan Stephens v. State of Indiana

85A02-1306-CR-518
Criminal. Affirms Class C felony criminal confinement conviction. There is sufficient evidence to support the conviction; Stephens’ attorney did not provide ineffective assistance; and, although the prosecutor made one improper remark during closing arguments, Stephens could not prove fundamental error. Remands with instructions for trial court to correct the sentencing order, abstract of judgment and chronological case summary to reflect that an 8-year habitual offender enhancement serves as an enhancement of the criminal confinement conviction.

Randolph Kelley v. State of Indiana and Paige A. Devlin
02A03-1308-CR-329
Criminal. Affirms trial court order awarding Devlin a $50,000 credit toward restitution in Kelly’s favor. The criminal court did not commit reversible error when it granted Devlin a credit toward the restitution order based on her insurer’s payment of damages pursuant to a civil settlement to satisfy the criminal court’s restitution order of $59.974.87 for injuries Kelley suffered as a result of Devlin operating a vehicle while intoxicated.

Lakhvir Singh v. State of Indiana (NFP)

49A02-1309-CR-761
Criminal. Affirms convictions of Class B felony rape, Class B felony attempted criminal deviate conduct, Class D felony sexual battery, Class D felony strangulation and Class A misdemeanor domestic battery.

Dena Alfayyad v. U.S. Bank National Association as Trustee for RASC 2007KS3 (NFP)
29A02-1307-MF-652
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank National Association.

In the Matter of: A.H., Jb.H., and Je.H., Children in Need of Services, C.P. v. The Indiana Department of Child Services (NFP)
34A05-1401-JC-1
Juvenile. Affirms adjudication of children in need of services.

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

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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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