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Opinions Aug. 27, 2010

August 27, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian S. Adcock v. State of Indiana
47A01-0912-CR-591
Criminal. Affirms convictions of two counts of Class A felony child molesting, two counts of Class B felony sexual misconduct with a minor, and finding that Adcock is a repeat sexual offender. The trial court didn’t err in permitting the prosecutor to analogize the standard of proof to a jigsaw puzzle during voir dire or in allowing the state to amend the repeat sexual offender notice.

Victor C. Regalado v. Estate of Joseph Regalado and Paula Heffelfinger
64A05-0911-CV-672
Civil. Reverses trial court grant of summary judgment that Heffelfinger is Joseph Regalado’s half-sister. Holds that a child must show she is a child born out of wedlock before I.C. Section 29-1-2-7 is applicable and that there is a genuine issue of material fact as to whether Paula is a child born out of wedlock. Also holds that Joseph’s father’s acknowledgment of Paula as his biological daughter in the Agreed Order of Annulment does not preclude Joseph’s father or any other heir from challenging his paternity of Paula. Remands for further proceedings.

Michael Butler v. State of Indiana
49A02-0904-CV-343
Civil. Reverses denial of Butler’s pro se motions to set aside default judgment against him for operating a truck in a restricted lane on a highway consisting of at least three lanes, and for speeding, both as civil infractions. Butler engaged in no “foot dragging” or other behavior seeking to delay the process and attempted to immediately address the effects of his absence from the March 16 hearing. Procedural issues also interfered with his ability to obtain a hearing. Remands with instructions to set a new trial date.

B.F. v. Review Board, and Whirlpool Corp. (NFP)
93A02-1004-EX-379
Civil. Affirms denial of unemployment insurance benefits.

Katina Starks v. State of Indiana (NFP)
02A05-1001-CR-27
Criminal. Affirms conviction of Class D felony theft.

Shawn Davis b/n/f Misty Davis v. Animal Control-City of Evansville, Evansville Housing Authority, et al. (NFP)
82A01-0911-CV-527
Civil. Reverses summary judgment for the city defendants in Davis’ action following injuries he received from a dog bite. Remands for further proceedings.

Ronald C. Hedges v. Weyerbacher Farms (NFP)
87A05-1003-PL-275
Civil plenary. Affirms summary judgment for Weyerbacher Farms in Hedges’ lawsuit for breach of pasture lease, and declaratory judgment abating rent payments and extending the term of the lease.

Term. of Parent-Child Rel. of M.B., et al.; M.R. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JT-109
Juvenile. Affirms involuntary termination of parental rights.

Steve Ballard v. State of Indiana (NFP)
49A02-1001-CR-63
Criminal. Affirms two convictions of murder and 110-year sentence.

Danitra White v. State of Indiana (NFP)
49A02-0911-CR-1150
Criminal. Affirms convictions of Class D felonies domestic battery and two counts of battery.

Dustin J. Baumbarger v. State of Indiana (NFP)
02A04-0912-CR-675
Criminal. Affirms conviction of Class D felony theft.

Thomas A. Hopkins v. State of Indiana (NFP)
48A05-1002-CR-125
Criminal. Affirms revocation of placement in in-home detention and execution of part of Hopkins’ previously suspended sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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