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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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