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Opinions Dec. 11, 2012

December 11, 2012
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Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.

James O. Young v. State of Indiana
20A04-1112-CR-699
Criminal.  Reverses Young’s conviction of Class D felony strangulation subject to possible retrial. The admission of Young’s girlfriend’s statements to the firefighters did not violate Young’s confrontation rights under the 6th Amendment, but her statements to a police officer were not admissible as excited utterances. Reverses conviction of Class D felony domestic battery as the evidence does not support that children were present when the domestic battery occurred. Remands with instructions that judgment be entered as a Class A misdemeanor.

Johnny Mosby v. State of Indiana (NFP)
49A02-1205-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Douglas A. Schwan v. Linda D. Schwan (NFP)
80A05-1204-DR-171
Domestic relation. Affirms division of marital property.

Phyllis Allen v. State of Indiana (NFP)
82A04-1205-CR-263
Criminal. Affirms conviction of Class A misdemeanor battery.

Richard A. Walls v. Janet Walls (NFP)
10A01-1112-DR-572
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.

Chad E. Aslinger v. State of Indiana (NFP)
68A04-1205-DR-259
Domestic relation. Reverses finding of contempt of court for failure to pay child support.

Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
71A04-1201-PL-96
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.

Steven T. Lakes v. State of Indiana (NFP)
15A01-1204-CR-186
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.

Bradley S. Sater v. State of Indiana (NFP)
32A04-1204-CR-182
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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