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Opinions April 28, 2014

April 28, 2014
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Indiana Court of Appeals
John M. Weidman v. State of Indiana
03A01-1306-CR-255
Criminal. Affirms 14-year sentence following guilty pleas in two separate causes. Weidman specifically agreed in his plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of his release on bond. Accordingly, he may not now claim that he was entitled to credit for the time he was on electronic monitoring.

Sammie L. Booker-El v. State of Indiana (NFP)
48A02-1304-CR-366
Criminal. Affirms denial of motion for relief from judgment and motion to correct error.

Benjamin E. Freed v. State of Indiana (NFP)
63A04-1309-CR-458
Criminal. Affirms convictions and 45-year sentence for Class A felony attempted child molesting and Class C felony child molesting.

Richard L. Jones v. State of Indiana (NFP)
49A05-1308-CR-423
Criminal. Affirms conviction of Class B felony burglary.  

Trent D. Pope v. State of Indiana (NFP)

89A05-1307-CR-366
Criminal. Affirms conviction of Class B felony robbery and adjudication as a habitual offender.

Blake J. Drapeau v. State of Indiana (NFP)
82A01-1310-CR-466
Criminal. Affirms conviction of Class D felony residential entry.

John W. Dozier v. State of Indiana (NFP)
34A05-1311-CR-539
Criminal. Affirms revocation of probation and order Dozier serve his previously suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of: A.C. (Minor Child), and A.C.C. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1309-JT-496
Juvenile. Affirms termination of parental rights.  http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/april/04281406jsk.pdf

In the Matter of the Termination of the Parent-Child Relationship of D.S. and G.S., minor children, and A.C., Mother, A.C. v. Indiana Department of Child Services (NFP)
49A02-1309-JT-803
Juvenile. Affirms order terminating parental rights.

Carl R. Evanoff v. State of Indiana (NFP)
17A04-1309-CR-445
Criminal. Affirms 15-year sentence following guilty plea to Class B felony conspiracy to manufacture methamphetamine.

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

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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