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Opinions April 20, 2012

April 20, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Andre M. Perry v. State of Indiana (NFP)
45A05-1108-CR-397
Criminal. Affirms convictions of murder, Class A felony attempted murder and Class D felony residential entry.

In Re the Matter of the Support of David L. Minick, II, David L. Minick v. Victoria S. Cox (NFP)
02A03-1109-DR-419
Domestic relation. Reverses trial court decision which calculated a credit against mother’s child support arrearage and ordered a credit for a retroactive child support obligation as to father. Remands with instructions.

Donald E. White v. Susan A. White (NFP)
64A04-1104-DR-230
Domestic relation. Affirms trial court decision to order an unequal division of the marital estate and that disability maintenance be paid to Susan White. Any error that the trial court may have made in including the value of the stock options in the marital estate and assigning that value to Donald White was harmless. Remands for further consideration.

Dennis Fecker, Jr. v. State of Indiana (NFP)
49A04-1109-CR-466
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor.

Donald Parker v. State of Indiana (NFP)
49A02-1108-CR-788
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Jakesha J. Wilms v. State of Indiana (NFP)
02A03-1102-CR-46
Criminal. Affirms guilty plea and the termination of Wilms’ participation in a drug court diversion program.

Carl Daulton v. State of Indiana (NFP)
88A01-1108-PC-372
Post conviction. Affirms denial of petition for post-conviction relief.

William D. James v. State of Indiana (NFP)
71A03-1110-CR-486
Criminal. Affirms 30-year sentence for Class A felony child molesting.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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