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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. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  2. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  3. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  4. Why do so many lawyers get away with lying in court, Jamie Yoak?

  5. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

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