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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. 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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