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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
49A02-1106-CR-486
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

53A01-1010-CR-541
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
18A05-1108-CR-439
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.
09A02-1108-JP-693
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
02A03-1103-RS-99
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)

84A05-1104-CR-228
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)
85A02-1107-CR-674
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)
16A04-1104-CR-207
Criminal. Affirms convictions of Class D felonies theft and official misconduct.

Elizabeth A. McQuinn v. Michael T. McQuinn (NFP)
29A02-1107-DR-689
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)

87A05-1105-CR-303
Criminal. Affirms sentence following guilty plea to Class D felony neglect of a dependent.

Jay Unger v. State of Indiana (NFP)
67A01-1102-PC-32
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)

18A02-1106-CR-575
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)

22A04-1108-CR-467
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)

20A05-1105-CR-258
Criminal. Affirms conviction of Class A misdemeanor false informing.

Richard M. Ford v. State of Indiana (NFP)
34A02-1107-CR-671
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

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

47A01-1106-CR-289
Criminal. Affirms revocation of probation and the execution of previously suspended sentences.

Kenneth A. Horton v. State of Indiana (NFP)
82A01-1105-CR-231
Criminal. Affirms convictions of Class C felony robbery and Class D felony auto theft.

Joe Songer, Jr. v. State of Indiana (NFP)
64A03-1101-CR-41
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)
27A05-1107-JT-329
Juvenile. Affirms involuntary termination of parental rights.

Edwin Mauricio Parrillas d/b/a Hispano America Auto Sales v. Los Amigos Auto Sales, Inc. (NFP)
82A04-1104-SC-228
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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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