Opinions Feb. 11, 2013

February 11, 2013
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Indiana Court of Appeals
Michael Gray v. State of Indiana
Criminal. Affirms conviction and sentence of Class D felony possession of cocaine, holding that the court erred in failing to allow a defendant to play a tape of an officer’s deposition that contained inconsistent statements, but that the error was harmless because other evidence at trial strongly pointed to Gray’s guilt.

Edwin Jones v. State of Indiana
Criminal. Affirms Class A misdemeanor conviction of operating a vehicle while intoxicated, holding that Jones’ Sixth Amendment rights under the Confrontation Clause were not violated because the court allowed a state trooper to testify about a certification of a breath-test machine rather than the signer of the certification.

AT&T v. Atlas Excavating, Inc. (NFP)
Civil plenary. Reverses trial court’s denial of AT&T’s motion for summary judgment and remands the matter to the lower court with instructions to vacate its judgment in favor of Atlas, enter a summary judgment in favor of AT&T, and conduct proceedings to determine damages.

Tammy Syers v. JKL Construction & Home Maintenance (NFP)
Civil collection. Affirms trial court’s judgment in favor of JKL Construction & Home Maintenance. Concludes JKL’s mechanic’s lien was timely filed and that the lien is not void because of an overstatement in amount.

Thomas Oakley v. State of Indiana (NFP)
Criminal. Affirms five-year sentence following a guilty plea to carrying a handgun without a license, a Class C felony.

Manuel Lloyd Jamersen v. State of Indiana (NFP)
Criminal. Affirms sentence for Count I child molesting, a Class A felony; and Count II attempted child molesting, a Class A felony. Finds the trial court did not abuse its discretion in sentencing Jamersen.

Ernestine Waldon, Christine Hampshire, and Vergie Small v. Donna Wilkins, MD, Joshua Williams, and Rodney Barber, and Carl Barber, Jr. (NFP)
Civil plenary. Affirms in part, reverses in part and remands with instructions to reinstate Waldon’s replevin claim. Concludes the trial court properly dismissed Waldon’s claims against appellees stemming from the execution of the trial court’s demolition order under the doctrine of quasi-judicial immunity and immunity arising from the Indiana Tort Claims Act. However, finds the trial court erred when it dismissed Waldon’s replevin claim contained in the amended complaint.  

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to 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.