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Opinions Feb. 21, 2014

February 21, 2014
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Indiana Court of Appeals
In the Matter of: TLC, a Child Alleged to be a Delinquent Child v. State of Indiana
60A01-1308-JV-377
Juvenile. Affirms commitment of TLC to the Indiana Department of Correction. Finds TLC did not receive unequal treatment and his due process rights were not violated. Rules that the juvenile court had an adequate factual basis to conclude that TLC was guilty of what would be the crime of resisting law enforcement, a Class A misdemeanor, if committed by an adult. Concludes the state sufficiently proved that TLC committed what would have been battery, a Class B misdemeanor, had it been committed by an adult.  

In the Matter of: S.G. and M.H. (Minor Children), Children Alleged to be Children in Need of Services, and P.G. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1307-JC-612
Juvenile. Affirms the judgment of the juvenile court. Finds the evidence was sufficient to support the Children in Need of Services adjudication.

Tommy Dawson v. State of Indiana (NFP)
49A02-1307-CR-584
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.

Timothy W. Woolum, Sr. v. State of Indiana (NFP)
48A02-1306-CR-560
Criminal. Affirms trial court’s revocation of Woolum’s probation and order that he serve the remainder of his suspended sentence in the Indiana Department of Correction.

Ronrico J. Hatch v. Kathleen Brita (NFP)
02A05-1307-SC-374
Small claim. Affirms dismissal on grounds that the limitation period had passed.

Don Rudd v. Adam Compton (NFP)
29A04-1306-PL-294
Civil plenary. Affirms denial of Rudd’s motion to correct error. Finds the trial court did not err in ordering Rudd to compensate Adam Compton for $24,684.29 in damages to his RV.

Patrick M. McVady v. Rebecka R. Pickett-McVady (NFP)
91A02-1308-DR-675
Domestic relation. Affirms denial of Patrick McVady’s request to modify his court-ordered life insurance payments and reduce his child support payments.

John C. Oosta v. State of Indiana (NFP)
20A03-1307-CR-251
Criminal. Affirms Oosta’s conviction of two counts of child molesting, both Class C felonies, and his aggregate 12-year sentence.

The Indiana Supreme Court and the Indiana Tax Court released no opinions by IL deadline. The 7th Circuit Court of Appeals released no Indiana opinions by 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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