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Opinions Aug. 11, 2014

August 11, 2014
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Indiana Court of Appeals
Dwight Hayes v. State of Indiana
49A04-1312-CR-619
Criminal. Affirms conviction for Class A misdemeanor pointing a firearm. Finds the trial court properly rejected Hayes’ proposed jury instructions based on Indiana’s stand-your-ground law because there was no evidence that his property was being attacked when he pointed two handguns at a woman trying to serve him with legal documents.

L.C. Westervelt, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, et al. v. George Woodcock III, d/b/a West Drilling Company
65A01-1311-PL-501
Civil plenary. Reverses summary judgment against Carolyn Sue Stinson and remands to the trial court to enter summary judgment for Stinson. The Posey Circuit Court determined Stinson’s ownership in a mineral interest had lapsed. However, the Court of Appeals found the judgment for Woodcock was in error because Stinson had paid taxes which prevented the lapse of her mineral interest. Judge Mark Bailey concurred in result.  

Colton Milam v. State of Indiana
49A02-1312-CR-998
Criminal. Reverses conviction of Class B misdemeanor public intoxication, finding there is insufficient evidence to sustain the conviction.

Marcus Richardson v. Wendy Knight
48A04-1312-MI-625
Miscellaneous. Affirms trial court’s transfer of Marcus Richardson’s petition for writ of habeas corpus from Madison Circuit Court to the sentencing Marion Superior Court. Because the petition is an attack on the validity of Richardson’s conviction of murder and 60-year sentence, it is to be treated as a petition for post-conviction relief and must be transferred to the sentencing court.

Micah T. Lminggio v. State of Indiana (NFP)
79A04-1312-CR-635
Criminal. Affirms convictions of Class A felony dealing in a narcotic drug and two counts of Class B felony possession of a firearm by a serious violent felon.

Kevin L. Curry v. State of Indiana (NFP)
20A03-1312-PC-513
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)
53A01-1402-MH-66
Mental health. Affirms involuntary mental health commitment, order for forced medication and order for transport to Richmond State Hospital.

Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)
02A03-1310-MI-397
Miscellaneous. Affirms denial of motion to vacate judgment.

James Mantz v. State of Indiana (NFP)
49A05-1304-CR-200
Criminal. Dismisses motion for immediate discharge from unlawful imprisonment.  

Robert D. Bowen v. State of Indiana (NFP)
08A02-1312-CR-1078
Criminal. Affirms resentencing on remand from Indiana Supreme Court.

Lisa Ritchie v. State of Indiana (NFP)
20A04-1306-CR-286
Criminal. Affirms denial of motion to correct erroneous sentence.

Jimmie T. Bowen v. State of Indiana (NFP)
45A04-1312-CR-631
Criminal. Affirms three-year sentence of Class D felony theft.

Bulent Colak v. State of Indiana (NFP)
82A01-1312-CR-557
Criminal. Affirms conviction of Class D felony battery.

John Anthony v. State of Indiana (NFP)
49A02-1312-CR-1033
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Christopher Woodburn v. State of Indiana (NFP)
71A05-1312-CR-638
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)
82A01-1308-JT-344
Juvenile. Affirms termination of parental rights.

Chanse T. Starr v. State of Indiana (NFP)
90A02-1306-CR-499
Criminal. Affirms eight-year sentence for conviction of Class C felony burglary served consecutively to a previous conviction of Class C felony corrupt business influence.
 
Gerardo Nino Romero v. State of Indiana (NFP)
02A03-1208-PC-379
Post conviction. Affirms denial of post-conviction relief.
 
Donald Woods v. State of Indiana (NFP)
49A02-1310-PC-858
Post conviction. Affirms denial of post-conviction relief.
 
Christopher Lawson v. State of Indiana (NFP)
79A02-1307-CR-664
Criminal. Affirms aggregate 20-year sentence for convictions of Class B felony possession of a narcotic drug within 1,000 feet of a family housing complex, two counts of Class D felony neglect of a dependent and Class A misdemeanor possession of paraphernalia.

Robert Hoffman v. State of Indiana (NFP)
71A03-1401-CR-41
Criminal. Affirms in part, reverses in part and remands. Affirms conviction of Class D felony strangulation, but reverses imposition of a domestic violence fee and remands with instructions to vacate that part of the judgment.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. 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?

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