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Opinions Aug. 20, 2013

August 20, 2013
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Indiana Court of Appeals
Carl J. Brandenburg v. State of Indiana
40A04-1301-CR-23
Criminal. Affirms revocation of probation for failure to pay child support after conviction of a Class C felony charge of non-support of a dependent child, but remands to the trial court for a recalculation of the arrearage. The court found that Brandenburg’s daughter had turned 21 before he was charged, and the state acknowledged uncertainty about the ruling that the arrearage was $17,795.05, rather than an amount closer to $10,000, as Brandenburg claims.

Gregory Johnson v. State of Indiana
49A02-1301-CR-28
Criminal. Affirms conviction of misdemeanor possession of marijuana resulting from a police officer’s stop of a vehicle that he believed may have been in violation of the Indiana Window Tint Statute, I.C. 9-19-19-4. The panel held that the stop did not violate the U.S. or Indiana constitutions and that the trial court did not err in refusing to suppress evidence resulting from the stop.

Deborah D. Minnich v. William B. Minnich (NFP)
57A03-1303-DR-92
Divorce. Affirms the denial of Deborah Minnich’s request for an extension of time to complete the refinancing transaction. In her dissent, Judge Nancy Vaidik argues the trial court should have treated the wife’s motion as a Trial Rule 60(B) motion that would have enabled her to conduct discovery and present evidence. Consequently, the COA should have reversed the denial of the wife’s motion and remanded for an evidentiary hearing.

City of Bloomington v. Cheryl Underwood (NFP)
53A01-1212-OV-577
Ordinance Violation. Affirms grant of summary judgment to Underwood on the city’s ordinance violation complaint concerning her rental properties.  

In the Matter of the Termination of the Parent Child Relationship of: D.W., Minor Child, D.C., Father v. The Indiana Department of Child Services (NFP)
02A05-1208-JT-425
Juvenile. Affirms termination of D.C.’s (father) parental rights to his son, D.W.  

Hoosier Enterprises VII, LLC v. Diamond Vending, Inc. (NFP)
45A04-1303-SC-105
Small Claims. Affirms $6,000 judgment against Hoosier Enterprises VII for breach of contract.

Debra Barrett v. Katie Patton (NFP)
54A01-1302-CT-74
Civil Tort. Dismisses Barrett’s appeal of the trial court’s order to deny her “Trial Rule (60)(B) Motion to Set Aside Judgment of Dismissal and Motion to Substitute Party Pursuant to Trial Rule 25(D)(2). Rules the COA lacks jurisdiction because Barrett is deceased and no substitution has been made.   

Joyce Ann Hawkins v. State of Indiana (NFP)
27A02-1301-PC-47
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/august/08201302mgr.pdf
Post Conviction. Affirms denial of post-conviction relief petition, finding Hawkins has not met the requirements for newly discovered evidence that would entitle her to a new trial.

Janyer Pinto v. State of Indiana (NFP)
36A05-1301-CR-9
Criminal. Affirms conviction of operating a vehicle as a habitual traffic violator.  

NFN Valance v. Brandy L. Valance (NFP)
17A03-1209-PO-380
Protection Order. Affirms issuance of a protective order against NFN Valance.  

Akeem Turner v. State of Indiana (NFP)
49A02-1302-CR-131
Criminal. Affirms trial court’s revocation of Turner’s probation and order for him to serve the entirety of his previously suspended sentence.  

The Indiana Supreme Court and Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions by IL deadline.








 

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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