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Opinions Feb. 11, 2013

February 11, 2013
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Indiana Court of Appeals
Michael Gray v. State of Indiana
49A02-1205-CR-352
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
49A02-1204-CR-292
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)
79A02-1207-PL-552
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)
82A05-1205-CC-276
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)
53A01-1204-CR-148
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)
45A03-1206-CR-257
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)
18A02-1203-PL-222
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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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