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Opinions July 29, 2014

July 29, 2014
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Indiana Court of Appeals
Ryan E. Bean v. State of Indiana
91A02-1310-CR-912
Criminal. Reverses conviction of Class A felony child molesting. Finds Bean was denied a fair trial because of fundamental error. Testimony from the victim’s mother and an Indiana Department of Child Services investigator impermissibly vouched for the victim’s credibility and invaded the province of the jury to determine the validity of the witness’s statements. The prosecutor reinforced this vouching testimony in his closing arguments. Also, the prosecutor committed misconduct when he asked the county sheriff about the process for investigating child molesting allegations in general. The sheriff’s testimony left the jurors wondering what Bean told police and, therefore, penalized the defendant for invoking his right to counsel.

Richard Dodd v. State of Indiana (NFP)
71A03-1312-CR-475
Criminal. Affirms resentencing order of 55 years in prison for conviction of Class A felony attempted murder and class C felony burglary.

Martin's Markets, Inc., Dale Martin and Alisa Martin v. Coonie's Corner, LLC (NFP)
72A05-1401-MF-41
Mortgage foreclosure. Affirms trial court denial of Martin’s Markets’ motion to deem a judgment against them in favor of Coonie’s Corner discharged.

Charles Gaylor v. State of Indiana (NFP)
15A01-1312-CR-520
Criminal. Affirms sentence imposed by the trial court after Gaylor admitted violating terms of probation.

Jaime Miguel Cordero v. State of Indiana (NFP)
45A04-1401-CR-28
Criminal. Affirms 45-year aggregate sentence and convictions of Class A felony criminal deviate conduct and Class B felony burglary.

In Re: The Petition of John Oberleas for Issuance of Tax Deed, Tax Sale Certificates #801063, 801066, 801067, 801068, Parcel No. 006-00168-00; 006-01232-00; 006-01233-00; 006-01234-00; et al (NFP)
80A05-1402-MI-70
Miscellaneous. Affirms trial court’s denial of Rushmore Loan Management Services, LLC’s motion to set aside an order directing issuance of tax deeds and the tax sale of a property to which it had obtained an interest.

William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. On rehearing, reaffirms Hodapp’s conviction of Class B felony incest.

Mark Keaton v. Christine L. Zook (NFP)
53A01-1401-PL-38
Civil plenary. Affirms grant of summary judgment on favor of Christine Zook on Mark Keaton’s malicious prosecution and abuse of process claims.

Grover E. Lowe v. State of Indiana (NFP)
76A04-1311-CR-572
Criminal. Affirms conviction of Class B felony possession of methamphetamine.

John Hollins v. State of Indiana (NFP)
49A02-1308-PC-719
Post-conviction. Affirms denial of relief from Hollins’ 110-year aggregate sentence for convictions of three counts of Class A felony rape, one count of Class A felony criminal deviate conduct, one count of Class B felony criminal confinement and his adjudication as a habitual offender.

Joshua W. Doughty v. State of Indiana (NFP)
30A01-1311-CR-483
Criminal. Affirms 40-year executed sentence for conviction of Class A felony child molesting.

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

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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