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Opinions August 26, 2013

IL Staff
August 26, 2013
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Opinions – Aug. 26, 2013

Indiana Court of Appeals

Stephanie Murry v. State of Indiana (NFP)
49A02-1301-CR-39
Criminal. Affirms revocation of placement in Marion County Community Corrections.

Lysa Wefler v. Mark Wefler (NFP)
45A03-1206-DR-268
Domestic relations. Affirms holding of contempt of court against Lysa Welfer for violation of the settlement agreement in her dissolution of marriage.

Mir Iqbal, Et Al. v. S-Mart Petroleum, Inc. (NFP)
79A02-1210-MF-860
Mortgage forceclosure. Affirms trial court order in favor of S-Mart.

Term. of the Parent-Child Rel. of D.C., Minor Child, and K.C., Mother: K.C. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1301-JT-22
Juvenile. Affirms termination of mother K.C.’s parental rights.

Kevin R. Harris v. State of Indiana (NFP)
02A03-1210-CR-445
Criminal. Affirms conviction and sentence for Class D felony criminal recklessness.

T.B. v. State of Indiana (NFP)

49A02-1301-JV-113
Juvenile. Affirms in part, reverses in part and remands adjudication of delinquency for two counts of what would have been Class B felony robbery if committed by an adult. Trial court is ordered to vacate one of the true findings of robbery as it violates the continuing crime doctrine.

Andrew D. Fisher v. State of Indiana (NFP)

38A04-1301-CR-41
Criminal. Affirms conviction of Class A felony attempted murder.

Derrick King v. State of Indiana (NFP)

49A05-1211-CR-579
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Anthony Robert Konsoer v. State of Indiana (NFP)
82A05-1301-CR-30
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.

U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Monday.






 

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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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