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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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