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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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