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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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