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Opinions Feb. 25, 2013

February 25, 2013
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The following Indiana Supreme Court decision was posted Friday after IL deadline:
Felix C. Sickels v. State of Indiana
20S03-1206-CR-308
Criminal/support. Reverses Court of Appeals and affirms trial court ruling that the custodial parent of children who have been emancipated as adults is a victim in cases of non-payment of child support.

Monday’s opinions
Indiana Court of Appeals

Jose Maldonado-Morales v. State of Indiana
20A05-1205-CR-255
Criminal. Affirms Class D felony conviction of domestic battery, ruling that a jury instruction on the doctrine of transferred intent was not an abuse of discretion and that the state was not required to prove that Maldonado-Morales knowingly or intentionally struck his ex-wife in the presence of their child.  

Steven Bethel v. State of Indiana (NFP)

71A03-1203-PC-139
Post-conviction. Affirms finding that Bethel waived claims forming the bases of his request for post-conviction relief.

In the Matter of the Term. of the Parent-Child Rel. of: L.M. and M.M. v. The Indiana Dept. of Child Services (NFP)
79A02-1208-JT-678
Juvenile. Affirms termination of parental rights.

Juan Beamon v. State of Indiana (NFP)
49A02-1207-CR-571
Criminal. Reverses and remands conviction of Class B felony sexual misconduct with a minor, holding that the evidence was insufficient to support the charge and ordering the trial court to enter a judgment on Class C felony sexual misconduct with a minor.

James Eskridge v. State of Indiana (NFP)
49A05-1111-PC-629
Post conviction. Affirms denial of petition for post-conviction relief from revocation of parole.

Tamara Downie, formerly Tamara Reed v. Jason Reed (NFP)

20A03-1208-DR-344
Domestic relations. Affirms order modifying child support.

Darrell L. Weightman and Donna Weightman v. Brian A. Nellis (NFP)

65A01-1207-CT-309
Civil tort. Affirms judgment on jury verdict in favor of Nellis on the Weightmans’ negligence claim.

Michael T. Ivy v. State of Indiana (NFP)

45A03-1207-CR-331
Criminal. Affirms sentence of conviction of battery as a Class A felony.

Shawn J. Fuller v. Carrie R. Fuller (NFP)
12A04-1205-DR-251
Domestic relations. Affirms trial court’s contempt finding and judgment in favor of Shawn Fuller.

Martel D. Cross v. State of Indiana (NFP)
45A05-1207-CR-369
Criminal. Affirms 30-year sentence for conviction of Class A felony voluntary manslaughter.

In the Matter of the Term. of the Parent-Child Rel. of: L.W., M.R. v. Indiana Dept. of Child Services (NFP)

19A01-1208-JT-393
Juvenile. Affirms termination of parental rights.

Robert Stokes v. State of Indiana (NFP)
49A02-1206-CR-500
Criminal. Affirms convictions of murder and Class B felony unlawful possession of a firearm by a serious violent felon.

Indiana Supreme Court and Indiana Tax Court posted no opinions Monday by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
 

 

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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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