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Opinions Dec. 27, 2010

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

Indiana Court of Appeals
Paternity of M.F., et al.; J.F. v. W.M.
21A04-1002-JP-84
Juvenile. Affirms denial of mother’s petition to establish paternity with respect to M.F. Mother failed to prove that insemination incurred in such a way as to render the donor agreement unenforceable and void as against public policy. Reverses finding that a valid, enforceable contract existed that would prohibit an action to establish paternity of C.F., the second child born. Remands to grant mother’s petition to establish paternity with respect to C.F. Judge Crone dissents in part.

Victor T. Jones v. State of Indiana
32A04-1004-CR-309
Criminal. Affirms conviction of resisting law enforcement as a Class D felony. The state’s naming of Officer Stewart in the charging information, which was not the correct name, was surplusage that was not required for a conviction, and therefore the evidence was sufficient to convict Jones of resisting law enforcement. Jones was subjected to double jeopardy when he was convicted of enhanced versions of both resisting law enforcement and criminal recklessness. Remands to reduce his criminal recklessness conviction to a Class B misdemeanor and re-sentence him accordingly. Reverses the jury, public defender, and docket fees and remands for further proceedings.

The Matter of D.R. v. State of Indiana (NFP)
49A02-1003-JV-436
Juvenile. Reverses and vacates D.R.’s finding for attempted carjacking as a Class B felony if committed by an adult and remands with instructions to amend the dispositional order to reflect a true finding for attempted robbery only, a Class B felony if committed by an adult.

Joshua Beal v. State of Indiana (NFP)
49A02-1003-CR-347
Criminal. Affirms conviction of Class A misdemeanor battery and the order Beal pay restitution to his victim.

S.J. v. State of Indiana (NFP)
83A05-1005-JV-328
Juvenile. Affirms adjudication that S.J. committed what would be Class B misdemeanor battery if committed by an adult.

Miguel Alvarado v. State of Indiana (NFP)
12A02-1001-CR-159
Criminal. Affirms denial of motion to withdraw guilty pleas to criminal confinement and battery.

Michael J. Skoczylas v. Peggy C. Skoczylas (NFP)
71A03-1005-DR-317
Domestic relation. Affirms trial court’s adoption of the values of the parties' United States Postal Service pensions. Reverses decision that Michael be responsible for their son’s student loans and Peggy be responsible for their daughter’s loans. Remands with instructions.

Martel Johnson v. State of Indiana (NFP)
71A03-1003-CR-169
Criminal. Affirms conviction of felony murder.

Kenneth E. Lovelace v. State of Indiana (NFP)
49A05-1003-CR-183
Criminal. Affirms convictions of guilty but mentally ill and sentence for Class B felony burglary and Class D felony attempted theft.

Term. of Parent-Child Rel. of J.B., et al.; A.M. and D.B. v. IDCS (NFP)
07A04-1005-JT-322
Juvenile. Affirms involuntary termination of parental rights.

McIntyre Brothers, Inc. v. Kim D. Henderson, Melinda J. Henderson, Sydneyco, LLC, et al. (NFP)
47A01-1004-PL-172
Civil plenary. Affirms partial summary judgment to the effect that apportion of the Fifth Third mortgage lien, specifically that attributable to the Stone City mortgage payoff, is superior to McIntyre’s mechanic’s lien. Reverses order of foreclosure which decreed that McIntyre had no mechanic’s lien. Remands for further proceedings.

Denon Dabney v. State of Indiana (NFP)
49A02-1004-CR-474
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Virgil L. Smith v. State of Indiana (NFP)
43A03-1004-CR-245
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

William Newhouse v. State of Indiana (NFP)
49A04-1001-CR-34
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary, Class B felony attempted burglary, Class D felony stalking, three counts of Class D felony voyeurism, Class D felony attempted residential entry, Class A misdemeanor public indecency, and Class C misdemeanor public nudity.

Steve Uribe v. State of Indiana (NFP)
49A02-1003-CR-346
Criminal. Affirms 180-day executed portion of Uribe’s 365-day sentence for Class A misdemeanor criminal recklessness.

Kenneth McCreary v. State of Indiana (NFP)
49A02-1002-CR-179
Criminal. Affirms conviction of and sentence for Class B felony dealing in cocaine.

James F. Griffith v. State of Indiana (NFP)
35A02-1006-PC-705
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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