Opinions Feb. 8, 2012

February 8, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Bei Bei Shuai v. State of Indiana
Criminal. Reverses trial courts’ denial of Shuai’s request to be released on bail. The defense presented sufficient evidence to rebut the presumption that Shuai is guilty of murder of her child. Remands for a determination of bail. Declines to adopt Shuai’s argument that the murder statute is ambiguous as applied to her. Affirms denial of her motion to dismiss. Judge Riley concurs in part and dissents in part.

Joey Jennings v. State of Indiana

Criminal. Grants rehearing to address the state’s argument that the original holding conflicts with a prior decision from the Indiana Supreme Court, but affirms earlier decision in all respects. The current statute supersedes the holding of Smith.

Anthony T. White v. State of Indiana
Criminal. Affirms classification of White as a credit restricted felon. The credit restricted felon statute plainly applies and it is of no moment that White pleaded guilty to Class B felony child molesting instead of Class A felony child molesting.

In Re the Paternity of N.T.; B.T. v. D.K. and K.K.
Juvenile. Reverses order granting stepfather K.K.’s motion for change of venue from the judge. Father B.T.’s application for contempt did not elevate K.K. to the status of a party in the underlying civil action entitling him to a change of venue from the judge. On remand, K.K. will be entitled to statutorily prescribed due process protections in any contempt proceeding before the paternity court.

Zuri K. Jackson v. Demetrius Holiness
Reciprocal support. Affirms grant of Holiness’ motion to dismiss Jackson’s petition for modification of child support. Based on I.C. 31-18-6-11, an Indiana court cannot have subject matter jurisdiction to modify the child support here instead of in Maryland. That statute is not preempted by the Full Faith and Credit for Child Support Orders Act.

Kevin M. Timko v. State of Indiana (NFP)

Criminal. Remands with instructions that the trial court correct the judgment and recalculate the credit time to which Timko is entitled. Affirms convictions of and sentence for two counts of Class A felony child molesting, two counts of Class A felony criminal deviate conduct, and Class C felony child exploitation.

Vincent L. Gant v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine and dealing in a schedule I, II or III controlled substance. Remands for a correction of the sentencing order.

David L. Scudder v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies theft and official misconduct.

Elizabeth A. McQuinn v. Michael T. McQuinn (NFP)
Domestic relation. Affirms order modifying Michael McQuinn’s parenting time and finding Elizabeth McQuinn in contempt of court for interfering with father’s parenting time.

Kristina L. Phillips v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to Class D felony neglect of a dependent.

Jay Unger v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief but remands with instructions that the trial court determine the amount of restitution, if any, Unger has not yet paid, and to fix the manner of payment.

Ravonte L. Love v. State of Indiana (NFP)

Criminal. Affirms order Love serve the remainder of his previously suspended sentence following revocation of home detention.

Leslie E. Foreman v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to Class D felony child solicitation and Class A misdemeanor indecent exposure.

Angela M. Lemarr v. State of Indiana (NFP)

Criminal. Affirms conviction of Class A misdemeanor false informing.

Richard M. Ford v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Michael D. Wright, Sr. v. State of Indiana (NFP)

Criminal. Affirms revocation of probation and the execution of previously suspended sentences.

Kenneth A. Horton v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony robbery and Class D felony auto theft.

Joe Songer, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of K.M.: H.M. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Edwin Mauricio Parrillas d/b/a Hispano America Auto Sales v. Los Amigos Auto Sales, Inc. (NFP)
Small claim. Affirms judgment in favor of Los Amigos Auto Sales in its claim for $2,000, plus $1,000 in damages.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.