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Opinions Feb. 27, 2012

February 27, 2012
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The 7th Circuit Court of Appeals. Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Arc Construction Management, LLC, and Alan Muncy v. John Zelenak and Cecilia Zelenak
10A01-1106-CT-247
Civil Tort. Affirms and remands case involving a home construction lawsuit, finding that trial court didn’t err in denying summary judgment on the former homeowners’ claim of breach of implied warranty of habitability.

Augustus Mendenhall v. State of Indiana
29A02-1104-CR-353
Criminal. Reverses trial court on grounds that a Class B felony conviction of aggravated battery and Class A felony conviction for robbery resulting in serious bodily injury violate Indiana’s probation against double jeopardy. Remands with instructions to reduce robbery conviction to a Class C felony.

Timothy Jester v. State of Indiana (NFP)
02A05-1108-CR-495
Criminal. Affirms Class B misdemeanor public intoxication conviction, finding evidence was sufficient to support the conviction and the court will not reweight evidence.

N.L. v. State of Indiana (NFP)
52A02-1110-JV-1051
Juvenile. Affirms juvenile’s commitment to the Indiana Department of Correction, finding that the court did not abuse its discretion in that placement because of N.L.’s growing juvenile history, conduct while on probation and failure to participate in services offered.

David Fonseca v. State of Indiana (NFP)
49A02-1107-CR-605
Criminal. Affirms Class A misdemeanor battery conviction, finding evidence was sufficient to support the conviction.
 
Jennifer Howard v. State of Indiana (NFP)
49A02-1108-CR-684
Criminal. Affirms Class A misdemeanor domestic battery conviction, finding that evidence was sufficient to support her conviction and the court will not reweight evidence.
 
Donald C. Newlin v. State of Indiana (NFP)

32A01-1109-CR-444
Criminal. Affirms the trial court’s finding that probation revocation sentences were required to be served consecutively and that Donald C. Newlin wasn’t entitled to credit for time served in Putnam County. Appellate court also held trial court didn’t abuse its discretion in ordering Newlin to serve entire previously suspended sentence.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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