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Opinions Aug. 15, 2011

August 15, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
T.W. v. State of Indiana
54A01-1103-JV-125
Juvenile. Affirms order that T.W. must register as a sex offender for 10 years. In the absence of any constitutional constraints, it was entirely the General Assembly’s prerogative to grant Indiana courts the subject matter jurisdiction to enter orders requiring certain juveniles to register as sex offenders. The trial court did not abuse its discretion in overruling T.W.’s objections to the testimony of two court-appointed psychologists.

Jimmy Robinson v. State of Indiana (NFP)
20A03-1101-CR-57
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.

J.B. Whitelow v. State of Indiana (NFP)
45A05-1009-CR-586
Criminal. Affirms convictions of felony murder, Class C felony attempted battery, and adjudication as an habitual offender.

The Education Resources Institute v. Douglas L. Krasnoff (NFP)
49A02-1007-CC-899
Civil collections. Reverses dismissal of The Education Resources Institute’s suit against Krasnoff. Remands for a new trial.

Lee Tibbetts v. State of Indiana (NFP)
49A05-1010-CR-609
Criminal. Affirms convictions of and sentence for four counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class D felony vicarious sexual gratification.

Cesar Sanchez v. State of Indiana (NFP)
06A01-1103-CR-111
Criminal. Reverses sentence for Class C felony operating a vehicle after forfeiture of license for life and Class D felony operating a vehicle while intoxicated. Remands with instructions to issue a revised sentence as detailed in the opinion. Judge Bradford dissents.

Leonard E. Luna v. State of Indiana (NFP)
57A03-1103-CR-114
Criminal. Affirms conviction of Class D felony intimidation.

J.F. v. State of Indiana (NFP)
92A04-1103-JV-149
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be criminal recklessness if committed by an adult.


Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court did not grant or deny transfer to any cases for the week ending Aug. 12.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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