Opinions Dec. 9, 2010

December 9, 2010
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The following opinion was posted after IL deadline:
Indiana Supreme Court
Dannie Ray Runyon v. State of Indiana
Criminal. Affirms revocation of probation for failure to pay child support. The state has the burden to prove that a probationer violated a term of probation and that, if the term involved a payment requirement, the failure to pay was reckless, knowing, or intentional. The defendant probationer has the burden to show facts related to an inability to pay and indicating sufficient bona fide efforts to pay to persuade the trial court that further imprisonment shouldn’t be ordered. Justice Sullivan dissents.

Today’s opinions
7th Circuit Court of Appeals

American Bank v. City of Menasha, et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Theresa L. Springmann.
Civil. Order corrects sentence in original opinion from Nov. 29, 2010.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cavin E. Pogue v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass because Pogue had a limited contractual interest that gave him the right to be on the property in question at the time of his arrest. Affirms conviction of Class A misdemeanor resisting law enforcement because his failure to drop a box cutter following a demand to do so by police amounts to the forcible obstruction of the law enforcement officer’s lawful execution of his duties.

State of Indiana v. Richard J. Laker, Jr.
Criminal. Affirms the grant of Laker’s motion to dismiss the charges against him: Class D felony operating a motor vehicle while privileges are suspended, two counts of Class C misdemeanor operating a vehicle while intoxicated, and Class D felony operating a vehicle while intoxicated with a prior conviction thereof. The charging information was deficient because the charges did not inform Laker whether he needed to defend against operating the Lexus or the farm tractor. Judge Vaidik concurs in part and dissents in part.  

Brenda Truedell-Bell v. Marion County Treasurer and Auditor
Miscellaneous. Affirms denial of petition for preliminary injunction to remove Truedell-Bell’s property from the property tax sale pending the outcome of her appeal for property tax reassessment. Truedell-Bell did not follow the proper administrative tax appeal procedure to have her property removed from the tax sale.

Lashann Montez Winfield v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony failure to register as sex offender.

James A. Bridges v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.

Phyllis A. Merriweather v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Purcell Turner, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.

Donald Lee Smith v. State of Indiana (NFP)
Criminal. Affirms revocation of probation before the probationary period began and before he had been to his intake interview or signed the conditions of probation.

Felecia M. Rorer v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony battery.

David M. Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
Miscellaneous. Reverses dismissal of Burks-Bey’s suit claiming the jail and others denied him access to prepare his pro se criminal defense. Remands for the trial court to conduct a hearing on whether the complaint should be dismissed.

In the Matter of B.D., Alleged to be CHINS; S.D. v. IDCS (NFP)
Juvenile. Affirms order finding that reasonable efforts to reunify the mother and her child aren’t required and the order changing the permanency plan for B.D. from reunification to adoption.

Kimberly Covey v. Steven Covey (NFP)
Domestic relation. Dismisses appeal of order dissolving marriage.

Tyson D. Warner v. State of Indiana (NFP)
Criminal. Affirms denial of motion to compel the production of two pieces of evidence Warner alleges were used against him at his probation-revocation hearing.

Jean Lukes v. Lisa A. Moore (NFP)
Civil. Affirms small-claims judgment in favor of Moore in an action against Lukes arising from home improvements performed by Moore.

Carlos M. Drane v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

Troy Flanagan v. State of Indiana (NFP)
Criminal. Affirms convictions of corrupt business influence and three counts of attempting to receive stolen property.

Shanta Vance v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Susan Kirk v. Aaron Kirk (NFP)
Domestic relation. Affirms the trial court did not abuse its discretion in denying Susan’s request for a continuance and that the trial judge did not err in not recusing himself during the final hearing. Affirms that the trial court did not err in excluding an alleged debt from the marital property or abuse its discretion in valuing and dividing that marital property.

Term. of Parent-Child Rel. of A.C., et al.; T.C. and J.C. v. I.D.C.S. and Lake County CASA (NFP)
Juvenile. Affirms termination of parental rights.

Lewis Jerome McNeary v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

James K. Bohannon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony arson.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.