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Opinions April 28, 2011

April 28, 2011
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7th Circuit Court of Appeals
Andrew C. Koons v. United States of America
09-3025
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Affirms denial of Koons’ motion to vacate his guilty plea to being a felon in possession of a firearm. Koons failed to establish that his trial counsel’s performance was constitutionally deficient.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ben and Elaine Life v. F.C. Tucker Company, Inc., et al.
49A02-1008-CC-931
Civil collections. Affirms denial of the Lifes’ motion to correct error following summary judgment in favor of defendants F.C. Tucker Co. and Tucker Home Link. The Lifes’ response to Tucker’s motion for summary judgment was late and the trial court didn’t err in striking it along with the designation of evidence and attached affidavits. There is no contract between Tucker and the Lifes, so summary judgment for Tucker on the breach of contract claim and negligence claim was appropriate.

Meridian Title Corp., v. Pilgrim Financing, LLC
45A05-1010-CC-613
Civil collection. Affirms judgment in favor of Pilgrim Financing with respect to Pilgrim’s claim that Meridian negligently disbursed the net proceeds from a refinancing transaction. There is sufficient evidence to establish that Meridian held Pilgrim’s payoff letter and partial release in escrow and that Meridian breached its duty to Pilgrim.

Term. of Parent-Child Rel. of I.A., et al.; K.B. v. IDCS (NFP)
02A03-1008-JT-437
Juvenile. Affirms termination of parental rights.

Rodney A. Covington v. State of Indiana (NFP)
48A04-1007-CR-465
Criminal. Affirms revocation of work release and imposition of the balance of Covington’s suspended sentence.

Brandon Lee Johnson v. State of Indiana (NFP)
02A03-1006-CR-367
Criminal. Affirms convictions of and sentence for murder and attempted murder.

Michael Fields v. State of Indiana (NFP)
49A05-1008-CR-480
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Kendall D. McGee v. State of Indiana (NFP)
20A03-1010-CR-568
Criminal. Affirms convictions of Class C felony criminal confinement, Class D felony strangulation, Class A misdemeanor battery, and finding that McGee is a habitual offender.

John W. Williams v. State of Indiana (NFP)
49A05-1009-CR-555
Criminal. Affirms conviction of Class D felony criminal recklessness.

Terry Martin v. State of Indiana (NFP)
49A02-1010-CR-1130
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Mary Maksimik v. SLB Mobil, Inc., et al. (NFP)
64A03-1010-CT-526
Civil tort. Affirms summary judgment in favor of SLB and other defendants in Maksimik’s suit alleging breach of duty of care.

Corey Pannell v. State of Indiana (NFP)
49A04-1008-CR-513
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class D felony intimidation, and Class D felony criminal recklessness.

Jonathan Grider Jr. v. State of Indiana (NFP)
16A01-1011-CR-599
Criminal. Affirms order revoking probation and ordering Grider to serve the balance of his suspended sentence.

John Bradley IV v. State of Indiana (NFP)
57A03-1009-CR-488
Criminal. Affirms denial of motion to withdraw guilty plea.

Steve A. Thomas v. Phyllis A. Briggs (NFP)
09A04-1007-DR-446
Domestic relation. Affirms order that Thomas pay a child support arrearage.

Carl Hoover v. State of Indiana (NFP)
49A05-1008-CR-519
Criminal. Affirms conviction of Class D felony child seduction, upon which conviction was entered as a Class A misdemeanor.

Anahel A. Amaya v. State of Indiana (NFP)
20A05-1008-CR-598
Criminal. Revises sentence for 10 counts of child molesting as Class A felonies to 60 years.

Scott Wayne Mosby and Shelly M. Mosby (NFP)
62A01-1011-DR-579
Domestic relation. Affirms order that Scott Mosby pay permanent maintenance of $1,000 a month.

Phillip D. Hartsough v. State of Indiana (NFP)
20A03-1006-CR-343
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class A misdemeanor resisting law enforcement.

Gale S. Shawyer v. State of Indiana (NFP)
29A04-1007-CR-503
Criminal. Affirms revocation of probation.

Term. of Parent-Child Rel. of D.H., et al.; Y.H. v. IDCS (NFP)
71A03-1009-JT-507
Juvenile. Affirms involuntary termination of parental rights.

R.B. v. Review Board (NFP)
93A02-1004-EX-497
Civil. Affirms denial of unemployment benefits.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. 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...

  5. 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.

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