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Opinions April 9, 2012

April 9, 2012
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Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline. 7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.J., and R.J., III; and V.A., and R.J. v. Marion Co. Dept. of Child Services and Child Advocates (NFP)
49A02-1108-JT-804
Juvenile. Affirms termination of parental rights for mother and father.

Justin Thomas v. State of Indiana (NFP)
49A02-1107-CR-660
Criminal. Holds that Thomas has not proven that a judge’s inquiry into venue constituted a fundamental error. Remands in part to correct abstract of judgment, holding sentences for both dealing in and possession of marijuana violate double jeopardy standards.

Steven W. Stockwell v. State of Indiana (NFP)
84A01-1108-CR-392
Criminal. Affirms trial court’s order revoking probation, holding Stockwell voluntarily, knowingly and intelligently waived his right to counsel at a probation violation hearing.

Lonnie Johnson v. State of Indiana (NFP)
15A05-1109-CR-475
Criminal. Affirms sentence for Class C felony robbery.

Mychael Nance v. State of Indiana (NFP)
49A05-1108-CR-418
Criminal. Affirms trial court’s denial of motion to suppress evidence, holding that a warrantless search was justified, because police believed Nance’s home had just been or was being burglarized at the time they arrived.

Allen R. Stout, et al. v. Linda Zabona (NFP)
92A03-1105-CT-203
Civil tort. Affirms jury verdict and award of damages in favor of Zabona. Affirms jury’s verdict against Stout and other defendants on breach of contract and fiduciary duty.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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