Opinions Feb. 19, 2013

February 19, 2013
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Indiana Supreme Court
Ronald B. Hawkins v. State of Indiana
Domestic relation. Vacates convictions of two counts of Class C felony nonsupport of a dependent where Hawkins was tried in absentia. The record indicates that Hawkins’ failure to appear at trial did not constitute a waiver of his right to counsel. Remands for a new trial.

Indiana Court of Appeals
Ernesto Roberto Ramirez v. State of Indiana (NFP)
Criminal. Affirms convictions of murder and Class D felony criminal gang activity.

Brandon E. Klein v. State of Indiana (NFP)

Criminal. Affirms convictions and sentence for Class D felony intimidation and Class A misdemeanor invasion of privacy.

In the Matter of the Term. of the Parent-Child Rel. of S.K.W. and D.L.W.J.: D.W. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
Juvenile. Affirms termination of parental rights.

Thomas Clements v. State of Indiana (NFP)
Criminal. Reverses denial of verified petition to limit access to criminal history and vacates the trial court order.

Olie McNeal v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Megan Parker v. State of Indiana (NFP)

Criminal. Affirms conviction of carrying a handgun without a license as a Class A misdemeanor.

Bradley Franks v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Daniel Miller v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class B felony rape.

Tyrone Frazier v. State of Indiana (NFP)

Post conviction. Affirms denial of petition for post-conviction relief.

Metropolitan Property & Casualty Ins. Co. v. Gary Darland (NFP)
Civil plenary. Affirms a covered loss under the MetLife policy occurred and the trial court properly awarded Darland $42,370 for the total loss of a boat and trailer. Reverses loss of use damages to Darland for the 2010 boating season.

Ricky L. Flake v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle after suspension.

Luke White v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony battery.

Anthony E. Thomas v. State of Indiana (NFP)

Criminal. Affirms revocation of placement in work release center.

The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.


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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.