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Opinions Feb. 18, 2011

February 18, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Term. of Parent-Child Rel. of M.W.; M.W. v. I.D.C.S.
32A01-1007-JT-322
Juvenile. Reverses termination of parental rights. Given the father’s efforts to comply with the amended plan and his release from incarceration soon after the hearing date, the trial court’s findings aren’t supported by clear and convincing evidence.

Term. of Parent-Child Rel. of M.W.; M.B. v. I.D.C.S.
32A01-1006-JT-382
Juvenile. Reverses termination of parental rights. Given the Department of Child Services' agreement to give mother a second chance, her severe stroke, and her recent progress at stabilizing her life, the trial court’s findings aren’t supported by clear and convincing evidence.

Corvee, Inc. v. Mark French
84A04-1010-CC-696
Civil collections. Affirms the amount of attorney fees the trial court award Corvee in its successful collection action against French. There is no evidence that Corvee actually incurred $3,400 in attorney fees in attempting to collect the debt from French.

Steven Weinreb v. TR Developers, LLC, et al.
49A05-1003-CT-152
Civil tort. Affirms denial of Weinreb’s second Rule 60(b) motion alleging his signature on a loan guaranty was forged, negligence of his original attorney, and fraud on the part of an adverse party. The trial court did not abuse its discretion in denying his second motion because all of his alleged grounds for relief were known or knowable at the time of his first Rule 60(B) motion. Remands for a determination of whether TR Developers is entitled to an award of appellate attorney fees.

Indiana Spine Group v. Handleman Company
93A02-1008-EX-932
Civil. Reverses dismissal of Indiana Spine Group’s application seeking full payment for being time barred by statute. The statute of limitations under the Indiana Worker's Compensation Act only apply to claims of compensation and ISG’s claim seeks recovery for pecuniary liability. Remands for further proceedings.  

Antonio Gonzalez Vazquez v. State of Indiana
09A05-1008-CR-466
Criminal. Affirms convictions of Class B felony criminal confinement, Class D felony stalking, and Class D felony theft. His appearance in jail clothes during the bench trial did not deny him due process. There was no error in the admission of the uncontested evidence.

Carolyn Boss v. State of Indiana
49A02-1002-CR-225
Criminal. Affirms denial of Boss’ motion to dismiss the charging information on double jeopardy grounds. The trial court properly denied the motion when it concluded that the enforcement of various city ordinances did not constitute punishment and that the current prosecution was therefore not a second prosecution for the same crime. Judge May concurs in result.

Elsor Matthews, Jr. v. State of Indiana
27A02-1003-PC-370
Post conviction. Affirms denial of petition for post-conviction relief. Matthews hasn’t demonstrated the post-conviction court erred by determining he wasn’t prejudiced by any alleged error made by his trial or appellate counsel.

State of Indiana v. John Lovett
32A04-0910-CR-558
Criminal. Affirms on interlocutory appeal the pretrial order declaring certain proposed evidence from the state inadmissible as irrelevant or as hearsay. The state has not demonstrated the court’s order was an abuse of discretion.

James T. Bagby, Jr. v. State of Indiana (NFP)
34A02-1001-CR-158
Criminal. Affirms convictions of and sentence for two counts of Class B felony sexual misconduct with a minor.

James Wilhelm Jr. v. State of Indiana (NFP)
92A05-1006-PC-365
Post conviction. Affirms denial of petition for post-conviction relief.

Sarah Allen v. State of Indiana (NFP)
48A05-1006-CR-460
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit burglary resulting in bodily injury.

Dennis Sanders v. State of Indiana (NFP)
49A02-1007-CR-784
Criminal. Affirms conviction of Class D felony operating a motor vehicle while a habitual traffic offender.

Holly Ann Lewis (Staggs) v. Diana Nicholson and Gary Staggs, Jr. (NFP)
53A01-1006-DR-316
Domestic relation. Reverses order granting paternal grandmother Nicholson visitation with Holly Staggs Lewis’ minor son.

Matthew A. Flores v. State of Indiana (NFP)
02A04-1007-CR-434
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.

Mary K. Layton v. State of Indiana (NFP)
90A02-1006-CR-681
Criminal. Affirms sentence following guilty plea to Class D felony theft.

The Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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