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Opinions April 20, 2011

April 20, 2011
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Indiana Supreme Court had posted no opinions IL deadline.

Indiana Court of Appeals
Ricky E. Graham v. State of Indiana
22A01-1008-PC-392
Post conviction. Grants rehearing to clarify comments made regarding the creation and preservation of evidentiary records in post-conviction relief proceedings and affirms original opinion in all respects.

Roland Ball v. State of Indiana
06A01-1007-CR-426
Criminal. Reverses conviction of Class D felony sexual battery because there is insufficient evidence of sexual battery, but sufficient evidence of the lesser-included offense of battery. The state failed to prove the element of mental disability or deficiency beyond a reasonable doubt and being asleep does not constitute being mentally disabled or deficient under the statute. Remands to enter judgment for battery as a Class B misdemeanor.

The Adoption of R.S.T.; J.T. v. G.N. (NFP)
71A03-1008-AD-475
Adoption. Affirms order granting stepfather G.N.’s petition for adoption of R.S.T.

Edward P. Barsh v. State of Indiana (NFP)
48A02-1009-CR-1047
Criminal. Affirms revocation of home detention.

LaTrice L. King v. State of Indiana (NFP)
71A05-1007-CR-560
Criminal. Affirms conviction of and sentence for Class B felony criminal confinement.

James Lee-Vaughn White, II v. State of Indiana (NFP)
71A04-1009-CR-586
Criminal. Affirms conviction of Class D felony theft.

Loren Sallee v. State of Indiana (NFP)
31A01-1008-CR-399
Criminal. Affirms convictions of Class A misdemeanor domestic battery, Class D felony domestic battery, and Class A misdemeanor interference with reporting of a crime.

Luis Briones v. State of Indiana (NFP)
71A03-1009-CR-450
Criminal. Affirms convictions of murder, Class C felony criminal recklessness and Class A misdemeanor carrying a handgun without a license.

L.R. v. Review Board (NFP)
93A02-1009-EX-1010
Civil. Affirms decision of the review board concluding that L.R. is disqualified from receiving unemployment insurance benefits because he was discharged for just cause.

Jason Morales v. State of Indiana (NFP)
82A04-1005-CR-311
Criminal. Affirms three convictions of Class B felony sexual misconduct with a minor.

Andrew S. Dugger v. State of Indiana (NFP)
48A05-1008-CR-562
Criminal. Affirms convictions of and sentence for Class B felony possession of a dangerous device or material by a prisoner and Class C felony battery.

Napoleon Camarillo v. State of Indiana (NFP)
46A03-1009-CR-553
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Carl Brown v. State of Indiana (NFP)
49A04-1007-CR-448
Criminal. Affirms convictions of Class B felony robbery, Class C felony intimidation, and Class B felony possession of a firearm by a serious violent felon.

Woody E. Sinclair v. State of Indiana (NFP)
02A03-1008-CR-443
Criminal. Affirms conviction of and sentence for Class C felony burglary.

Stroh Landmark, LP, et al. v. Willis Hecht (NFP)
17A03-1011-PL-631
Civil plenary. Reverses denial of Indiana Trial Rule 60(B) motion to set aside default judgment on a real estate transaction issue. Remands for further proceedings.

Term. of Parent-Child Rel. of C.S., et al; K.L. v. I.D.C.S. (NFP)
57A03-1009-JT-464
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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