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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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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