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Opinions Dec. 27, 2013

December 27, 2013
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7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
13-1636
Civil. Reverses District Court denial of creditor Dawn Marie Adams’ bankruptcy court claim against her former husband and business partner, James Gregory Adams. The bankruptcy court claims were previously adjudicated in state courts and the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Remanded for proceedings.

Indiana Court of Appeals
In the Matter of M.S. (A Child Alleged in Need of Services), and K.S., (Mother) v. The Indiana Department of Child Services
67A04-1305-JC-212
Juvenile. Affirms placement of M.S. with father who lives out-of-state and approval of the Department of Child Services’ petition to dismiss CHINS proceedings. The best interest of the child were served by placement with father and DCS’s efforts at reunifying the family were reasonable, Chief Judge Margret Robb wrote in an opinion joined by Judge Michael Barnes. Judge Elaine Brown concurred in a separate opinion that said M.S.’s interests would have been best served had DCS continued monitoring father’s compliance with court terms for a period of time.

State of Indiana v. Frank Greene
49A02-1303-PC-228
Post conviction. Affirms grant of post-conviction relief from a conviction of Class B felony criminal confinement and remands to the trial court with instructions to resentence Greene on the conviction as a Class D felony.  

In Re the Matter of R.K.: A Child Alleged to be a Child in Need of Services, A.K. v. The Indiana Department of Child Services (NFP)
31A01-1307-JC-310
Juvenile. Reverses juvenile court order awarding child custody to father, R.K. Sr., holding that the court abused its discretion by modifying custody without a formal evidentiary hearing. Vacates the modification order and remands for an evidentiary hearing on the modification petition.

DeWayne Nalls v. State of Indiana (NFP)
49A04-1306-CR-281
Criminal. Affirms concurrent sentences of 35 years for conviction of Class A felony attempted murder and 10 years for unlawful possession of a firearm by a serious violent felon, but vacates as illegal a separate five-year enhancement for the firearm charge.  

Cleverly Lockhart v. State of Indiana (NFP)
34A02-1304-CR-384
Criminal. Reverses trial court’s denial of a petition to file a belated notice of appeal of four counts of child molesting and remands for proceedings.

Clarian Health Partners, Inc., d/b/a Methodist Hospital v. Jessica Sprunger, as next best friend of James Daniel Sprunger, Minor (NFP)
49A02-1211-CT-943
Civil tort/medical malpractice. Finds the trial court erred in denying Clarian’s motion to correct error after a jury award of $500,000 in favor of James Sprunger. The court also abused its discretion in instructing the jury. Remanded for proceedings.

Virginia Davis v. Indiana State Board of Nursing (NFP)
49A05-1304-PL-187
Civil plenary. Affirms Indiana State Board of Nursing’s license revocation.

In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased, Mark Allen Shuler and David Lee Shuler v. Estate of George Botkins by Larry Botkins (NFP)
22A01-1307-ES-337
Estate. Affirms probate court’s entry of final accounting.

Jamar Perkins v. State of Indiana (NFP)
49A02-1306-CR-551
Criminal. Affirms conviction of felony murder.

John D. May v. State of Indiana (NFP)
28A05-1307-PC-320
Post conviction. Affirms denial of post-conviction relief from a conviction of Class C felony possession of methamphetamine while in possession of a firearm.

Darrell McNary v. State of Indiana (NFP)
20A05-1211-PC-607
Post conviction. Affirms denial of relief from a conviction of Class B felony dealing cocaine.

Brandon White v. State of Indiana (NFP)
49A04-1304-CR-188
Criminal. Affirms conviction of Class D felony criminal recklessness.

Bonnie Shipley v. Anonymous Doctor A and Anonymous Hospital C (NFP)
40A04-1304-PL-184
Civil plenary/malpractice. Affirms grant of summary judgment in favor of Anonymous Doctor A and Anonymous Hospital C.

James E. Britt, Jr. v. State of Indiana (NFP)
20A03-1304-CR-152
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor carrying a handgun without a license.

Ron Rose v. State of Indiana (NFP)
15A01-1306-PC-272
Post conviction. Reverses denial of a petition for relief from a conviction of Class B felony criminal deviate conduct, holding that the court clearly erred in imposing a lifelong requirement that Ron Rose register as a sexually violent predator rather than as a sex offender. Rose proved by a preponderance of the evidence that he didn’t understand that aspect of his guilty plea, and he had specifically rejected that provision when discussing the plea agreement with his attorney beforehand. Remanded for proceedings.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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