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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.
79A05-1108-CT-404
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
91A02-1109-CR-906
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
49A02-1201-CR-6
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)
93A02-1202-EX-133
Agency action. Affirms denial of unemployment benefits.

Dennis Ogutu v. State of Indiana (NFP)
71A03-1202-CR-98
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)
79A02-1112-JT-1203
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)
65A04-1203-JV-146
Juvenile. Affirms order requiring T.B. register as a sex offender.

Tacuma G. Wolfe v. State of Indiana (NFP)
18A05-1111-CR-604
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Kenneth W. Wegener v. State of Indiana (NFP)
34A05-1202-PC-47
Post conviction. Affirms denial of petition for post-conviction relief.

Steven D. Powell v. State of Indiana (NFP)
45A03-1201-CR-2
Criminal. Affirms sentence for Class B felony dealing in cocaine and Class C felony attempted battery.

Michael A. Ayers v. State of Indiana (NFP)
20A03-1201-CR-52
Criminal. Affirms conviction of Class A felony attempted murder.

Ivan Brown v. State of Indiana (NFP)
71A04-1201-CR-24
Criminal. Affirms conviction of Class B felony burglary.
 

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  1. 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?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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