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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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