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Opinions Jan. 24, 2013

January 24, 2013
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Indiana Court of Appeals
Danny Boling v. State of Indiana
20A04-1205-CR-237
Criminal. Affirms conviction of Class A felony attempted child molesting based on the evidence presented at trial and 45-year sentence. Finds the trial court erred in determining Boling is a credit restricted felon because a person convicted of attempted child molesting isn’t a credit restricted felon under I.C. 35-31.5-2-72(1). Remands with instructions to correct Boling’s record to remove that designation.

William Pereira and Joseph McConnell v. Monica Pereira, John LeFebre and Karen LeFebre
04A05-1205-PL-241
Civil plenary. Affirms summary judgment order which denied William Pereira and Joseph McConnell’s complaint to quiet title in real estate acreage bequeathed by Joseph Sleeper and allowed inheritance of a share of the acreage by John and Karen LeFebre. The trial court properly found that Julia McConnell Tarr had a vested interest not contingent upon outliving the last surviving life tenant.  

Diano L. Gordon v. State of Indiana
49A05-1205-CR-242
Criminal. Affirms convictions of Class D felonies attempted residential entry and escape. The show-up identification was not unduly suggestive and Gordon failed to object to the witness’s in-court identification of him. Rejects Gordon’s argument that his escape conviction should be reversed by application of the rule of lenity.

Terry Pounds v. State of Indiana (NFP)
18A02-1206-PC-456
Post conviction. Affirms denial of petitions for post-conviction relief.

P.P. v. J.C. (NFP)
36A01-1203-DR-113
Domestic relation. Affirms denial of father’s petition to modify custody and child support.

E. Paul Haste v. State of Indiana (NFP)
03A05-1207-CR-378
Criminal. Affirms conviction of Class B felony dealing in methamphetamine, but reverses $90,000 restitution order and remands for the trial court to reduce it to $30,722. Judge Crone concurs in part and dissents in part.

The Indiana Supreme Court and Tax Court posted no opinions at IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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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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