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Opinions, Aug. 21, 2013

August 21, 2013
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Opinions – Aug. 21, 2013
Indiana Court of Appeals

Rodney Melton v. State of Indiana
49A02-1212-CR-1008
Criminal. Affirms conviction of Class C felony child molesting and Class D felony dissemination of matter harmful to minors, rejecting an argument that the dissemination statute requires a “performance” under that law be public. The court also found Melton’s 11-year aggregate sentence was not inappropriate in light of his character and the nature of the offense.

In Re: The Matter of A.H., and S.H., Minor Children, V.H., Mother v. Indiana Department of Child Services
10A01-1302-JM-93
Juvenile. Affirms trial court order granting Department of Child Services petitions to interview minor children on a complaint the mother was using and selling drugs despite no evidence in a home search or drug screen of the mother. The majority held that DCS’s interest could be served only by interviewing the children and that mother’s due process rights were not violated. Dissenting Judge Patricia Riley would dismiss the case as moot because the trial court declined to stay the order allowing the interviews.

In the Matter of the Commitment of T.K. v. Department of Veterans Affairs
49A05-1303-MH-100
Mental health. Affirms order for regular commitment, agreeing that T.K. was suffering from mental illness and was a danger to others. Although T.K. never harmed anyone, the COA finds his persistent threatening phone calls and hostile behavior is sufficient to find him a danger and to support his involuntary commitment to a mental health facility.

Dustin Trowbridge v. State of Indiana (NFP)
48A02-1205-CR-453
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of murder, rape, robbery, burglary, aggravated battery, criminal confinement, theft, auto theft, abuse of a corpse and escape.

Runyon Equipment Rental, Inc. v. Review Board of the Indiana Department of Workforce Development and Stephen Mortimore (NFP)
93A02-1302-EX-182
Agency action. Reverses Indiana Department of Workforce Development Review Board’s grant of unemployment benefits and remands to the review board, also reversing a denial of a trial court order denying Runyon’s request to present additional evidence.

John Aaron Shoultz, III v. State of Indiana (NFP)
36A01-1208-CR-359
Criminal. Affirms conviction of murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Luke Smith v. State of Indiana (NFP)
82A04-1212-CR-650
Criminal. Affirms conviction and seven-year executed sentence on a charge of Class C felony robbery.

David A. Perry v. State of Indiana (NFP)
90A05-1301-CR-24
Criminal. Affirms revocation of probation on a conviction of Class D felony possession of a controlled substance.

Marcella Mullins v. State of Indiana (NFP)
44A03-1303-CR-102
Criminal. Affirms on interlocutory appeal denial of a motion to suppress evidence gathered in a police protective sweep of her residence that resulted in charges of multiple felony methamphetamine charges and related counts.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Wednesday.

7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Wednesday.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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