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Opinions April 27, 2011

April 27, 2011
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Indiana Supreme Court
Martin Serrano v. State of Indiana and the City of Fort Wayne
02S03-1104-CV-241
Civil. Reverses trial court judgment in favor of the state allowing for the forfeiture of Serrano’s truck. The state concluded he used the truck to transport or facilitate the transportation of a controlled substance for purposes of committing a drug-related offense. There was insufficient evidence to establish by a preponderance that Serrano’s drug possession at the time he was arrested was furthered by the use of his truck or that his truck was used for the purpose of possessing cocaine.

Indiana Court of Appeals
Mario Brown v. State of Indiana
49A02-1008-CR-905
Criminal. Affirms revocation of placement in Marion County Community Corrections. Declines to find the credit-time statute to be a remedial statute or to retroactively apply the credit-time statute to Brown’s case. The 2010 amendment is not retroactive and the prospective application of it doesn’t violate his constitutional right to Equal Protection.

Doe Corporation v. Lolita Honoré, as special administratrix of the estate of Andrea Honoré
49A05-1007-MI-408
Miscellaneous. Reverses grant of motion to dismiss Doe Corp.’s motion for a preliminary determination of law regarding the validity of an opinion of a medical review panel appointed in the medical malpractice action filed by Lolita Honoré. The trial court did possess subject matter jurisdiction over the issue as it involved a request for enforcement of the requirement that the medical review panel chair carry out his statutory duties. The trial court also erred by dismissing the motion for PDL on Trial Rule 12(B)(8) grounds. Remands for further proceedings.

Robert Beeler v. State of Indiana
49A05-1007-CR-456
Criminal. Affirms revocation of probation and criminal corrections placement after finding Beeler violated the terms of his community corrections placement and probation. The chronological case summary entry in another case which indicated that Beeler admitted to violating the terms of his placement and probation is sufficient to establish an admission. As a result, no evidentiary hearing was required. Judge Crone dissents.

Tyrone G. Postell v. State of Indiana (NFP)
49A02-1008-CR-914
Criminal. Affirms convictions of Class A felony criminal deviate conduct and Class C felony intimidation. Remands with instructions to set aside the conviction of and sentence for Class A misdemeanor criminal mischief.

Daniel Farris v. State of Indiana (NFP)
49A02-1009-CR-973
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Jon D. Holman v State of Indiana (NFP)
48A05-1008-CR-499
Criminal. Affirms sentence following guilty plea to Class B felony arson, two counts of Class C felony burglary, Class D felony unlawful possession of a syringe, Class D felony theft, and Class A infraction possession of paraphernalia.

Jesse Savage v. State of Indiana (NFP)
49A02-1002-CR-286
Criminal. Affirms convictions of and sentence for three counts of Class A felony child molesting and one count of Class C felony child molesting.

Andrew D. Patterson v. State of Indiana (NFP)

71A04-1009-CR-664
Criminal. Dismisses appeal because none of the issues raised are properly before the court.

Aubra Ferguson v. State of Indiana (NFP)
87A05-1008-PC-565
Post conviction. Affirms denial of petition for post-conviction relief.

Alton Moss v. State of Indiana (NFP)
27A05-1005-CR-310
Criminal. Affirms convictions of murder and Class B felony burglary.

Gary M. Kincade v. State of Indiana (NFP)
49A02-1009-CR-978
Criminal. Affirms conviction of Class A misdemeanor battery.

Term. of Parent-Child Rel. of J.C., et al.; C.C. v. I.D.C.S. (NFP)
49A02-1008-JT-1018
Juvenile. Affirms involuntary termination of parental rights.

Bradley Laycock v. State of Indiana (NFP)
84A04-1009-CR-593
Criminal. Affirms order sentencing Laycock to eight years in the Department of Correction following his guilty plea to Class B felony neglect of a dependent.

Jerome Taylor v. State of Indiana (NFP)
49A05-1009-CR-551
Criminal. Affirms revocation of placement in community corrections work release program and order that Taylor serve the balance of his sentence in the Department of Correction.

Steven L. Fortner v. Janet M. Fortner (NFP)
67A01-1011-DR-564
Domestic relation. Affirms order following remand in all respects except that the appellate court remands for findings based upon and satisfying the requirements of the child support worksheet. Judge Friedlander concurs in part and dissents in part.

Jacqueline Gaff v. State of Indiana (NFP)
02A03-1007-CR-417
Criminal. Affirms conviction of Class D felony possession of a controlled substance.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to nine cases for the week ending April 22.
 

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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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