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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. 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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