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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. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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