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Opinions Feb. 19, 2013

February 19, 2013
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Indiana Supreme Court
Ronald B. Hawkins v. State of Indiana
20S03-1208-DR-499
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)
45A05-1204-CR-224
Criminal. Affirms convictions of murder and Class D felony criminal gang activity.

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

79A02-1201-CR-38
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)
45A03-1206-JT-293
Juvenile. Affirms termination of parental rights.

Thomas Clements v. State of Indiana (NFP)
20A03-1205-CR-200
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)
49A05-1207-CR-364
Criminal. Affirms conviction of Class A misdemeanor battery.

Megan Parker v. State of Indiana (NFP)

49A05-1206-CR-327
Criminal. Affirms conviction of carrying a handgun without a license as a Class A misdemeanor.

Bradley Franks v. State of Indiana (NFP)
49A05-1205-CR-256
Criminal. Affirms revocation of probation.

Daniel Miller v. State of Indiana (NFP)
88A01-1205-CR-228
Criminal. Affirms sentence following guilty plea to Class A felony burglary and Class B felony rape.

Tyrone Frazier v. State of Indiana (NFP)

49A02-1202-PC-113
Post conviction. Affirms denial of petition for post-conviction relief.

Metropolitan Property & Casualty Ins. Co. v. Gary Darland (NFP)
53A01-1204-PL-179
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)
73A05-1207-CR-356
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle after suspension.

Luke White v. State of Indiana (NFP)
49A02-1206-CR-477
Criminal. Affirms convictions of Class B felony aggravated battery and Class C felony battery.

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

20A03-1208-CR-377
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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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