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Opinions Jan. 25, 2013

January 25, 2013
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Indiana Supreme Court
The following opinion was released after IL deadline Thursday.

Carlin Iltzsch v. State of Indiana
49S02-1301-CR-57
Criminal. Reverses Court of Appeals order vacating a judgment of restitution against a criminal defendant, holding that such orders may be reviewed by the court and remanded for rehearing when evidence is insufficient to support the order.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A04-1203-CR-144
Criminal. Reversed conviction of four counts of Class C felony attempted child exploitation and remanded for further proceedings. Ruled Delagrange’s act of secretly photographing minor girls’ underwear did not meet the Indiana statute’s definition of “child exploitation” because the girls did not intentionally expose themselves for the purpose of satisfying or arousing sexual desires of another.

Robertson Fowler v. State of Indiana
49A05-1202-PC-68
Criminal. Affirms on rehearing earlier denial of post-conviction relief for Robertson Fowler  sentenced to a maximum of 35 years in prison for his conviction of possession of a firearm by a serious violent felon with an enhancement as a habitual offender. Because Fowler received the benefit of charges against him being dropped when he pleaded guilty, his conviction was not in conflict with the Indiana Supreme Court’s subsequent ruling in Mills v. State, 868 N.E.2d 446, 450 (Ind. 2007) or a differing Court of Appeals ruling, Dugan v. State, 976 N.E.2d 1248, 1249.

Term. of the Parent-Child Rel. of: D.T., (Minor Child), and T.S. (Father) v. The Indiana Dept. of Child Services
49A02-1205-JT-420

Juvenile. Affirms termination of a juvenile father’s parental rights, holding that his due process rights were not violated when the trial court did not appoint a guardian ad litem for him.

David McCombs v. State of Indiana (NFP)
49A05-1111-PC-658
Post conviction. Affirms denial of post-conviction relief involving 62-year sentence on charges of murder, theft and carrying handgun without a license.

Term. of the Parent-Child Rel. of D.C., Minor Child; A.R., Mother, and S.C., Father v. Indiana Dept. of Child Services, Lake County CASA (NFP)
45A03-1204-JT-172
Juvenile. Affirms termination of parental rights.

Dale D. Engle v. State of Indiana (NFP)
58A04-1205-CR-244
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing in a controlled substance.

Charles Kingery v. State of Indiana (NFP)
49A02-1204-CR-317
Affirms 55-year murder sentence following resentencing on a reduced felony robbery charge.

Ricky J. Thurston v. State of Indiana (NFP)
49A02-1204-CR-289
Criminal. Affirms conviction of Class A felony rape and adjudication as a habitual offender.

D.J. v. State of Indiana (NFP)
49A02-1206-JV-490
Criminal. Affirms adjudication as a delinquent for what would be Class D felony theft and Class A misdemeanor dangerous possession of a firearm if committed by an adult.

Paul Hoffert, Jr. v. State of Indiana (NFP)
84A05-1205-CR-273
Criminal. Affirms revocation of placement in work release.

Kip Hurt v. State of Indiana (NFP)
49A04-1206-CR-286
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
 

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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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