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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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