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Opinions Jan. 29, 2014

January 29, 2014
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Indiana Court of Appeals
Cory L. Meadows v. State of Indiana
39A01-1305-CR-215
Criminal. Affirms the denial of Meadows’ request for credit for the time he served on electronic monitoring while he was in the drug court program. After examining the statutory provisions governing sentencing, electronic monitoring and deferral programs, concludes it was within the court’s discretion to deny the credit toward his sentence.

Ralph Andrews v. MOR/Ryde International, Inc.
20A04-1303-PL-141
Civil plenary. Affirms order finding that should Andrews’ complaint against Mor/Ryde for breach of contract be successful at a future trial, the damages awarded under Indiana Code 24-4-7-5(b), the Indiana Sales Representative Act, are punitive in nature and, therefore, would be subject to the evidentiary standard, limitation, and diversion provisions of Indiana’s punitive damages statute under Indiana Code 34-51-3-1, et seq. Judge Barnes dissents.

Emergency Services Billing Corporation, Individually and as Agent of the Brooklyn Volunteer Fire Department v. Tonia Conklin and American Family Insurance Group (NFP)
49A05-1309-PL-428
Civil plenary. Reverses summary judgment in favor of Conklin and American Family granted by the court prior to the due date of Emergency Services Billing Corp.’s response brief under Indiana Trial Rules. Remands for further proceedings.

Talesa Howell v. State of Indiana (NFP)
57A05-1306-CR-314
Criminal. Affirms sentence following probation revocation.

Ronald Lemon v. State of Indiana (NFP)
82A05-1305-CR-221
Criminal. Affirms conviction of Class D felony auto theft.

Joseph Franklin v. State of Indiana (NFP)
49A04-1307-CR-323
Criminal.  Reverses Franklin’s conviction of Class D felony possession of a controlled substance.

Maurice D. Beckham v. State of Indiana (NFP)
45A04-1305-CR-234
Criminal. Affirms sentence following guilty plea to murder.

Mark F. Johnson v. State of Indiana (NFP)
02A03-1305-CR-182
Criminal. Affirms sentence for Class A felony burglary.

Jesus Maldonado v. State of Indiana (NFP)
45A04-1307-CR-333
Criminal. Affirms sentence for Class B felony stalking.

In Re the Paternity of A.C.P-C., J.P. v. J.H.C. (NFP)
79A02-1305-JP-423
Juvenile. Affirms grant of father’s petition to prevent mother from relocating with the child.

Thomas Walker v. State of Indiana (NFP)
89A01-1305-CR-248
Criminal. Affirms Class D felony conviction of receiving stolen property.

Andre Marshall, Jr. v. State of Indiana (NFP)
45A03-1305-CR-191
Criminal. Affirms convictions and sentences for Class B felony criminal confinement, Class B felony robbery, Class C felony intimidation, Class D felony pointing a firearm and Class A misdemeanor battery.

Robert L. Neale v. Correctional Medical Services, Inc., et al (NFP)
52A05-1307-CT-361
Civil tort. Affirms summary judgment for the defendants on Neale’s suit alleging medical malpractice and general negligence in the treatment of his injuries sustained from punching his cellmate in the face.

Lynda A. Harris-Martinez v. State of Indiana (NFP)
02A03-1304-CR-123
Criminal. Affirms sentence for Class B felony failure to stop after an accident resulting in injury or death following her guilty plea to four counts of Class A misdemeanor failure to stop after an accident resulting in injury or death, one count of Class B felony failure to stop after an accident resulting in injury or death, and one count of Class D felony operating a vehicle while intoxicated causing serious bodily injury.

Michael Eaton v. State of Indiana (NFP)
29A02-1308-CR-699
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

Ivan C. Patterson v. CitiMortgage, Inc. (NFP)
45A03-1212-MF-548
Mortgage foreclosure. Affirms denial of motion for relief from judgment under Ind. Trial Rule 60(B).

In the Matter of the Termination of the Parent-Child Relationship of: M.P. and E.P. (Minor Children), and F.P. (Mother) v. The Indiana Department of Child Services (NFP)
23A01-1307-JT-308
Juvenile. Affirms termination of parental rights.

Kathleen Walton, Personal Representative of Estate of Mary Cox, Deceased v. Estate of Glenn Swisher, Deceased (NFP)
49A02-1307-EU-626
Estate, unsupervised. Affirms grant of summary judgment in favor of the estate of Glenn Swisher.

Ryan Bailey v. State of Indiana (NFP)
49A02-1305-CR-419
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dawn M. Bailey v. State of Indiana (NFP)
84A01-1308-CR-346
Criminal. Affirms revocation of probation and reinstatement of the remainder of Bailey’s suspended sentences.

Fredrick Kyles v. State of Indiana (NFP)
49A02-1305-CR-446
Criminal. Affirms convictions of one count each of Class B felonies robbery and criminal recklessness.

Aaron Gordy v. State of Indiana (NFP)
29A02-1306-CR-504
Criminal. Affirms revocation of placement in community corrections.

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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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