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Opinions Jan. 30, 2012

January 30, 2012
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7th Circuit Court of Appeals had issued no opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.

Indiana Court of Appeals

State of Indiana v. Johnnie S. McCaa
56A04-1107-CR-341
Criminal. Reverses trial court’s grant of McCaa’s motion to suppress evidence, holding that due to the unusual circumstances of an initial traffic stop, police did not err in asking McCaa to drive his truck to another location, where he ultimately failed field sobriety tests.

Latoyia Billingsley v. State of Indiana
02A03-1107-CR-301
Criminal. Affirms conviction of Class A misdemeanor driving while suspended within 10 years of a prior infraction, holding that Billingsley’s driving record shows that her license had been previously suspended, and she had been convicted of driving while suspended within 10 years of the most recent offense.

A.T. (Mother) v. G.T. (Father)
39A05-1107-DR-335
Domestic relation. Reverses trial court’s denial of mother’s petition for a change of judge in a custody modification action filed by the father, holding that the trial court should have automatically granted the request for automatic change of judge under Trial Rule 76(B). Furthermore, the trial court should not have held the modification hearing, as it was deprived of jurisdiction by the timely filing of the Trial Rule 76(B) request.

Fletcher Coleman and Dorothy Coleman v. Northeast Neighborhood Revitalization Organization, Inc., and Northeast Neighborhood Council, Inc. (NFP)
71A05-1106-CT-300
Civil tort. Affirms trial court’s denial of the Colemans’ motion to strike portions of Northeast Neighborhood Revitalization Organization’s affidavits, finding no genuine issues of material fact exist.

Term. of the Parent-Child Rel. of J.S., minor child, and T.S. (Father) v. Indiana Dept. of Child Services, Scott County Office (NFP)
72A01-1107-JT-329
Juvenile. Affirms termination of father’s parental rights.

Anthony A. May v. State of Indiana (NFP)
35A02-1107-CR-697
Criminal. Affirms conviction of and sentence for Class C felony nonsupport of a dependent child.

Andre Perry v. State of Indiana (NFP)
49A02-1105-CR-438
Criminal. Affirms convictions of and sentences for Class B felony unlawful possession of a firearm, three counts of Class B felony criminal confinement and one count of Class C felony robbery.

Kristen Leach v. Steven Leach (NFP)
39A01-1108-DR-332
Domestic relation. Affirms trial court’s order granting custody of children to father.

Jesse C.E. Rayford v. State of Indiana (NFP)
01A02-1106-CR-554
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy, but remands for resentencing, holding that the combined term of imprisonment and period of probation should not exceed one year.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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