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Opinions Jan. 23, 2014

January 23, 2014
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Indiana Court of Appeals
A.J.R. v. State of Indiana
46A03-1306-JV-243
Juvenile. Holds that the juvenile court did not abuse its discretion by admitting the officer’s testimony, and the evidence is sufficient to prove A.J.R. shot two cattle and to sustain his adjudications for criminal mischief. However, concluding A.J.R.’s actions did not constitute mutilation or torture of an animal, the court reverses his adjudications for cruelty to an animal.

Chubb Custom Insurance Company, et al. v. Standard Fusee Corporation
49A02-1301-PL-91
Civil plenary. Reverses summary judgment and award of defense costs in favor of Standard Fusee Corp. Concludes that the total pollution exclusion clause in Chubb Custom’s comprehensive general liability insurance policies is applicable to Standard Fusee’s liability for the release of perchlorate and therefore its duty to defend and indemnify is not triggered.

Johnathon R. Aslinger v. State of Indiana
35A02-1303-CR-296
Criminal. The trial court erred in admitting the evidence seized in violation of Aslinger’s Fourth Amendment rights and in imposing consecutive habitual substance offender sentence enhancements. Reverses convictions of possession of methamphetamine and paraphernalia and remands in Case No. 127. Instructs the trial court order the HSO enhancements be served concurrently. Concludes that, in Case No. 152, the trial court did not err in excluding Aslinger’s jury instruction, and his sentence for dealing methamphetamine is not inappropriate in light of the nature of the offense and character of the offender. Judge Robb concurs in separate opinion.

State of Indiana v. DeAngelo Banks
49A02-1303-CR-235
Criminal. Affirms grant of Banks’ motion to suppress his confession of murder. The record reveals that the detective’s advisement did not inform Banks that he had the right to have counsel present during the questioning at issue and thus failed to properly advise Banks of his Miranda rights. The trial court considered the evidence presented of Banks’ mental illness, heard his own testimony, and came to the conclusion that his statement was not voluntary. There is substantial evidence supporting the trial court’s conclusion.

Dexter Hawkins v. State of Indiana (NFP)
49A04-1305-CR-233
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

In the Matter of the Termination of the Parent-Child Relationship of: R.A.B. (Minor Child) and Z.T.B. (Mother) & R.W.B. (Father) v. The Indiana Department of Child Services (NFP)

02A03-1306-JT-234
Juvenile. Affirms termination of parental rights.

Tyrone Shelton v. State of Indiana (NFP)
71A04-1308-CR-387
Criminal. Affirms conviction of Class B felony serious violent felon in possession of a firearm.

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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