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Opinions Feb. 21, 2013

February 21, 2013
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The following Indiana Supreme Court decisions were posted Wednesday after IL deadline:
Kathleen Peterink v. State of Indiana
57S03-1302-CR-136
Criminal. Affirms Peterink’s original sentence of one year imprisonment, suspended the sentence entirely, and placed her on probation for one year, six months of which was to be served on home detention. Affirms the Court of Appeals order that the trial court amend the sentencing order to allow for credit time for home detention.

Joey Jennings v. State of Indiana
53S01-1209-CR-526
Criminal. Summarily affirms sufficient evidence supports the Class B misdemeanor conviction for vandalizing another man’s truck. Holds that the phrase “term of imprisonment” as used in Indiana’s misdemeanor sentencing statute, does not include time suspended from a sentence. Remands for the trial court to impose a probationary period not to exceed 355 days – the difference between one year and the 30 days Jennings was ordered to serve in prison.

Thursday’s opinions
Indiana Court of Appeals
Curtis Tyrell Cutler v. State of Indiana

71A05-1206-CR-339
Criminal. Affirms conviction of Class B felony burglary. Finds there was sufficient evidence to warrant a jury finding beyond a reasonable doubt that Cutler committed the burglary. Holds the trial court did not err in permitting the use of a statement Cutler made to police for impeachment.

Robert A. Carmer v. State of Indiana (NFP)

03A04-1208-CR-427
Criminal. Affirms sentence following guilty plea to Class B felony dealing in methamphetamine.

David Purlee v. State of Indiana (NFP)

88A01-1210-IF-458
Infraction. Reverses entry of default judgment against Purlee for driving while suspended and remands for further proceedings.

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

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  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

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