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Opinions Aug. 9, 2012

August 9, 2012
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7th Circuit Court of Appeals
Danny R. Richards v. Michael Mitcheff, et al.
11-3227
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses dismissal of Richards’ lawsuit alleging the defendants violated his Eighth Amendment rights by indifference to his serious medical condition and remands for further proceedings. The suit could not be properly dismissed under Rule 12(b)(6) or Rule 12(c) because Indiana allows the statute of limitations to be tolled while one is incapacitated, which is what Richards argued as to why he didn’t file his complaint within the applicable time period.

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

Indiana Court of Appeals

Guydell Watson v. State of Indiana
48A04-1107-CR-443
Criminal. Affirms conviction of operating a vehicle with a blood alcohol content of at least 0.08 percent but less than 0.15 percent, a Class C misdemeanor. There was no abuse of discretion in denying Watson public funds with which to hire an expert witness because he didn’t meet his burden of demonstrating a need for appointment of an expert. There was no abuse of discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor.

Daniel Sandlin v. Tamara Sandlin
29A02-1110-DR-969
Domestic relation. Reverses order modifying child support and remands with instructions for the trial court to review the evidence presented without the need to hold an additional hearing and amend its order modifying child support as directed. The trial court correctly did not impute income to Tamara Sandlin, but improperly failed to calculate her current income based on the evidence, and improperly failed to explicitly order that Daniel Sandlin cease paying to her a clothing allowance. Based on the parties’ apparent appellate agreement, Daniel Sandlin’s parenting time credit should be substantially reduced.

Todd Slavin v. State of Indiana (NFP)
49A04-1111-CR-569
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

James A. Carr v. State of Indiana (NFP)
25A04-1112-CR-650
Criminal. Affirms murder conviction.

Nicole (Mooney) Thompson v. Terry Mooney, Jr. (NFP)
41A05-1201-DR-48
Domestic relation. Affirms order regarding the custody of T.M.

Gregory A. Smyser v. State of Indiana (NFP)
32A01-1112-CR-586
Criminal. Affirms order imposing balance of previously suspended sentence upon revocation of probation.

Indiana Bureau of Motor Vehicles v. Katherine Linton-Waltman (NFP)
49A02-1203-MI-237
Miscellaneous. Affirms order denying the BMV’s “intervenor’s motion for relief from judgment” in an action involving the grant to Linton-Waltman of a restricted driver’s license because of a hardship.

Robert Oldham v. State of Indiana (NFP)
49A02-1106-CR-633
Criminal. Affirms denial of motion to correct erroneous sentence.

Tina Glover v. Indiana Family and Social Services Administration (NFP)
15A01-1107-MI-316
Miscellaneous. Dismisses Glover’s appeal of the order dismissing her petition for judicial review with prejudice.

Marquise T. Holmes v. State of Indiana (NFP)
02A03-1110-CR-490
Criminal. Affirms convictions of Class B felonies battery and neglect of a dependent.

Anthony W. Smith, Bobby J. McDaniel v. State of Indiana (NFP)
35A04-1112-CR-662
Criminal. Affirms attempted murder convictions and sentences of Smith and McDaniel.

In the Matter of the Term. of the Parent-Child Rel. of: V.B. and Y.B. v. The Indiana Dept. of Child Advocates, Inc. (NFP)
49A02-1111-JT-1133
Juvenile termination. Affirms termination of parental rights.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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