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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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