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Opinions Feb. 26, 2014

February 26, 2014
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Indiana Court of Appeals
Robin Harper v. State of Indiana
49A04-1305-CR-222
Criminal. Reverses Harper’s Class A misdemeanor resisting law enforcement conviction. Officers Gillespie and Hartman unlawfully entered Harper’s residence, therefore, the officers were not engaged in the lawful execution of their duties at the time they arrested Harper and then attempted to remove her wedding ring in preparation for booking.

Chad E. Hucker v. State of Indiana
35A02-1307-CR-575
Criminal. Affirms convictions of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a Schedule I or II controlled substance. Finds Indiana Code 9-30-5-1(c), which proscribes the operation of a vehicle with a Schedule I or II controlled substance, does not violate Article 1, Section 23 of the Indiana Constitution.

Robert D. Stephens, Ryan Moe, Thomas Theohary, and Law Enforcement Technologies, Inc. v. Brian A. Costa and Amy Costa (NFP)
71A04-1305-CT-242
Civil tort. Affirms judgment personally against Stephens for Brian Costa’s injury. Reverses denial of Theohary’s motion for relief of judgment as the trial court did not acquire personal jurisdiction over him. Remands for further proceedings as to Theohary because he has sufficient minimum contacts with Indiana.

Jacquelyn Webster Green, as personal representative of the estate of Mary A. Webster, deceased v. Housing Authority of the City of Gary, Indiana, et al. (NFP)
45A04-1307-CT-344
Civil tort. Affirms grant of motion to dismiss in favor of the Gary Housing Authority and other defendants.

Rita Thompson v. State of Indiana (NFP)
49A02-1305-CR-454
Criminal. Affirms conviction of Class D felony resisting law enforcement and finding Thompson is a habitual offender.

Dennis Powers v. State of Indiana (NFP)
61A04-1307-CR-356
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Termination of the Parent-Child Relationship of: L.C., Minor Child, R.C., Father v. Indiana Department of Child Services (NFP)
82A01-1307-JT-297
Juvenile. Affirms termination of parental rights.

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

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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