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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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