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Opinions Feb. 27, 2013

February 27, 2013
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Indiana Court of Appeals
Lamont Holloway v. State of Indiana
49A02-1207-CR-548
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft. The evidence was sufficient to support the convictions.

In the Matter of the Paternity of G.W., J.W. v. R.M.

22A01-1205-JP-234
Juvenile. Reverses denial of mother’s two motions to dismiss the paternity action commenced by R.M. R.M. cannot serve as G.W.’s next friend, and R.M. failed to timely register with the Putative Father Registry, so he impliedly consented to the adoption of his minor child and is now barred from establishing paternity.

Midwest Minerals, Inc. v. Fred L. Wilson, Rick Jenkins, Joseph Kenworthy, Michael Tewell, and James Clayton, et al.

84A04-1205-MI-258
Miscellaneous. Affirms judgment in favor of the Board of Zoning Appeals of the Area Plan Commission of Vigo County and the Board of Commissioners of Vigo County on Midwest Minerals’ complaint alleging inverse condemnation and seeking damages. The trial court didn’t err when it concluded that the 17-month period from the time that the public water condition was implemented until it was reversed did not constitute inverse condemnation.

Storm Damage Specialists of America d/b/a America's SDS Construction, Inc. v. Melissa A. Johnson and Michael B. Johnson

64A03-1209-CT-386
Civil tort. The trial court properly entered judgment in favor of the Johnsons after Storm Damage Specialists collected an insurance check and failed to perform any work on the Johnsons’ roof. Finds the court erred when it ordered Storm Damage Specialists to pay four times the $4,224.78 compensatory damages amount. Remands with instructions the trial court award treble damages and reduce the total judgment award by $4,224.78.

Paula Tackett v. State of Indiana (NFP)
35A05-1205-CR-267
Criminal. Affirms convictions and sentence for Class A felony dealing in methamphetamine and Class B felony conspiracy to commit dealing.

Michael Chambers v. State of Indiana (NFP)

53A01-1209-CR-401
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor but remands to the trial court with instructions to impose concurrent sentences.

Jason A. Cafouras v. State of Indiana (NFP)
16A01-1208-CR-347
Criminal. Affirms conviction of Class A misdemeanor of driving while suspended.

Michael Merriweather v. State of Indiana (NFP)
49A05-1204-CR-159
Criminal. Affirms convictions of Class B felonies robbery and attempted robbery, Class A misdemeanor carrying a handgun without a license and Class C felony carrying a handgun without a license. Remands with instructions to correct the abstract of judgment and chronological case summary because they contain clerical errors.

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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