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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. 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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