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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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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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