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Opinions Dec. 4, 2012

December 4, 2012
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Indiana Court of Appeals
Jerry Vanzyll v. State of Indiana
34A02-1111-CR-1050
Criminal. Affirms in part, reverses in part and remands to the trial court convictions of Class B felony dealing in methamphetamine, Class D felonies of possession of meth and possession of chemical reagents or precursors with intent to manufacture a controlled substance, and Class A misdemeanor resisting law enforcement. The court affirmed the drug convictions but ordered the resisting conviction vacated because it held there was insufficient evidence to prove that Vanzyll fled.

Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki
75A04-1112-PL-676
Civil plenary, rehearing. Affirms prior COA order that affirmed a trial court’s determination that a legal survey was defective, and restated that the trial court has three options: it may accept the original survey, reject the survey and order a new survey by a different surveyor, or order the county surveyor to mark property boundaries according to court findings based on evidence presented to the court, including previous surveys.  

James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc.
53A01-1112-PL-593
Civil plenary, rehearing. Affirms prior COA ruling that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B), concluding that on rehearing Mitchell attempted to adjust and supplement his original argument, which he cannot do.

Brian A. McKinney v. State of Indiana (NFP)
41A05-1203-CR-126
Criminal. Affirms convictions of Class C felonies robbery and escape and Class D felony residential entry.

B.W. v. State of Indiana (NFP)
49A02-1205-JV-421
Juvenile/criminal. Affirms adjudication as a delinquent for committing acts that would constitute residential entry as a class D felony and criminal mischief as a class B misdemeanor if committed by an adult.

Robert E. Eastwood v. State of Indiana (NFP)
07A04-1202-CR-64
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony fondling in the presence of a minor.

Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)
49A05-1202-DR-81
Domestic relations. Affirms in part, reverses in part and remands to the trial court with instructions to recalculate child support and amend its order accordingly.

S.J. v. State of Indiana (NFP)
49A05-1203-JV-147
Juvenile. Affirms commitment of S.J. as a ward of the Department of Correction following true findings for burglary and theft.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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