Opinions Aug. 22, 2012

August 22, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Ashley T. Tucker v. Michelle R. Harrison, M.D.
Civil tort. Affirms judgment in favor of Dr. Harrison on Tucker’s medical malpractice complaint. The trial court did not abuse its discretion in excluding Tucker’s expert testimony, limiting her questioning of a witness about possible bias, or in instructing the jury.

Ryan E. Bean v. State of Indiana
Criminal. Reverses two convictions of Class A felony child molesting and remands for retrials if the state so chooses. Concludes Bean was in custody when he finally admitted to the molestation. Bean’s confession was obtained in violation of Miranda protocol and shouldn’t have been admitted into evidence in his trials in Carroll and White counties.  

Jorge Henriquez v. State of Indiana
Criminal. Affirms conviction of Class D felony resisting law enforcement. The trial court did not err in not interrogating the jurors or taking other remedial action regarding alleged improper influence of an alternate juror, so Henriquez’s claim of fundamental error fails.

Gregory L. Brown v. Review Board of the Indiana Dept. of Workforce Development, and H & H Mechanical of Michiana LLC (NFP)
Agency action. Affirms denial of unemployment benefits.

Dennis Ogutu v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor neglect of a dependent.
In Re: The Term. of the Parent-Child Rel. of: C.H. and G.H., and G.H. and J.H. v. Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms termination of parental rights.

In the Matter of T.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
Juvenile. Affirms order requiring T.B. register as a sex offender.

Tacuma G. Wolfe v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Kenneth W. Wegener v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Steven D. Powell v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony dealing in cocaine and Class C felony attempted battery.

Michael A. Ayers v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony attempted murder.

Ivan Brown v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.