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Opinions Feb. 25, 2011

February 25, 2011
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The following opinion was posted after IL deadline Thursday
Indiana Supreme Court
Jason D. Miller v. State of Indiana
08S02-1102-CR-108
Criminal. Grants transfer and remands for re-sentencing. Summarily affirms the remainder of the Court of Appeals opinion. The trial court amended the sentence to 30 years with no time suspended. This sentence was authorized, but the transcript suggests the trial court did so because it thought the state was correct in asserting that Indiana Code Section 35-50-2-2(i) required a minimum sentence of 30 years for a conviction of Class A felony child molesting. As indicated, however, a sentence of less than 30 years could have been imposed because section 2(i) does not set a minimum sentence.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Brian Holtzleiter v. Angela Holtzleiter
48A02-1006-DR-736
Domestic relation. Reverses denial of Brian’s petition to modify child support. He hasn’t waived his argument that he is entitled to modification of child support under the requirement that the current support obligation was 20 percent different from what would be required under the guidelines and it had been at least a year since the support order was issued. Remands for the issuance of a new child support order.

Paternity of D.L.; C.L. v. Y.B.
88A01-1002-JP-224
Juvenile. Grants rehearing to clarify the original opinion regarding the determination that the trial court erred in denying C.L.’s request to terminate his child support arrearage and affirms in all respects.

The Town of Plainfield, Indiana v. Paden Engineering Co., et al.
32A04-1005-PL-280
Civil plenary. Affirms orders granting partial summary judgment to Paden Engineering and Merchants Bonding Co. and Everest Reinsurance Co. on Plainfield’s claims for damages for breach of contract and for payment upon a performance bond. Paden has demonstrated the absence of a genuine issue of material fact and its entitlement to partial summary judgment as a matter of law upon Plainfield’s contractual claim for damages. The sureties have demonstrated the absence of a genuine issue of material fact and their entitlement to partial summary judgment as a matter of law upon Plainfield’s contractual claim for payment under a performance bond.

Monica Sexton v. State of Indiana (NFP)
30A01-1008-CR-479
Criminal. Affirms conviction of Class D felony aiding in obstruction of justice and reverses conviction of Class D felony conspiracy to commit aiding in obstruction of justice. Remands with instructions to vacate the conspiracy conviction and amend the sentencing order as appropriate.

Timothy J. Wilson v. State of Indiana (NFP)
49A02-1007-CR-725
Criminal. Affirms convictions of and 20-year sentence for Class B felony incest, Class D felony dissemination of a matter harmful to a minor, and Class A misdemeanor contributing to the delinquency of a minor.

Jeffery M. Ogle v. State of Indiana (NFP)
09A02-1007-CR-779
Criminal. Affirms conviction of Class D felony domestic battery and vacates Class B misdemeanor disorderly conduct conviction. Remands for a corrected sentencing order.

Carl S. Howard v. State of Indiana (NFP)
90A04-1010-CR-615
Criminal. Affirms sentence following guilty plea to Class D felony receiving stolen property.

C.C. v. State of Indiana (NFP)
71A03-1008-JV-440
Juvenile. Affirms placement of C.C. in the Department of Correction.

David Pemberton v. State of Indiana (NFP)
49A05-1008-CR-516
Criminal. Affirms denial of motion requesting jail time credit in the amount of 769 days.

Knitcraft Corporation v. Raleigh Limited, Inc. (NFP)
49A04-1007-CC-397
Civil collections. Affirms judgment in favor of Raleigh in Knitcraft’s complaint for damages for breach of contract after it cancelled an order from Knitcraft.

Sayburt Huff v. State of Indiana (NFP)
71A03-1006-CR-392
Criminal. Affirms conviction of Class A felony voluntary manslaughter.

D.P.T. Inc., et al. v. Western Union Financial Services (NFP)
49A04-1007-CC-426
Civil collections. Affirms summary judgment for Western Union in its suit against D.P.T. after someone used D.P.T.’s Western Union account to make several fraudulent transfers.

Thomas J. Towne v. Cindy Towne and State of Indiana (NFP)
68A05-1009-DR-585
Domestic relation. Affirms order finding Thomas in contempt for failure to pay child support to Cindy. Remands with instructions to amend the trial court order.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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