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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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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