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. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit