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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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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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