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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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