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Opinions Jan. 31, 2012

January 31, 2012
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7th Circuit Court of Appeals
Dale J. Atkins v. Michael Zenk
11-1891
Civil. Affirms U.S. District Court’s denial of habeas corpus petition, holding Atkins did not prove his claim that he was deprived of his Sixth Amendment right to effective assistance of trial counsel.

Indiana Supreme Court
Henry C. Bennett and Schupan & Sons, Inc. v. John Richmond and Jennifer Richmond
20S03-1105-CV-293
Civil. Finds the trial court did not abuse its discretion when it allowed a psychologist to testify on behalf of a plaintiff in a personal injury case as to the cause of a brain injury or in finding that the psychologist’s testimony was based on reliable scientific principles.  

Reginald N. Person, Jr. v. Carol A. Shipley
20S03-1110-CT-609
Civil tort. Holds the trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case. Dr. Turner’s opinions were based on reliable scientific principles that could be applied to the facts at issue.

Indiana Court of Appeals
William R. Wallace v. State of Indiana
26A01-1101-CR-9
Criminal. Affirms trial court’s order denying Wallace’s motion to dismiss a charge of Class D felony voyeurism for videotaping without consent a sexual encounter he had with a woman.

Nathan Anderson v. State of Indiana
49A05-1105-CR-243
Criminal. Affirms conviction of and sentence for murder, but reverses convictions of and vacates sentences for burglary and abuse of a corpse, holding Anderson had been denied his request for counsel prior to making statements in interrogation and that the admission of that testimony into evidence at trial influenced the jury’s decision.

Steven Nowling v. State of Indiana
31A01-1010-CR-552
Criminal. On petition for rehearing, the appellate court affirmed its original decision affirming the trial court, holding that during trial Nowling never objected to testimony by a forensic scientist who affirmed the presence of methamphetamine in a pen hull seized from Nowling’s home.

Christopher Stark v. State of Indiana
49A05-1104-CR-152
Criminal. On interlocutory appeal, affirms trial court’s denial of Stark’s motion to suppress evidence that he had a handgun in his possession, holding that a police officer found the gun when retrieving Starks’ coat and that any intrusion in finding the gun was minimal.

Ronald D. Tiede v. State of Indiana (NFP)
91A04-1105-CR-248
Criminal. Affirms trial court’s denial of motion to withdraw guilty pleas to two counts of Class B felony dealing in methamphetamine and affirms trial court’s modification of the sentence contained in Tiede’s plea agreement.

Jason Schapker v. State of Indiana (NFP)
55A01-1106-CR-258
Criminal. Affirms revocation of probation.

Gary Hollin v. State of Indiana (NFP)
16A01-1108-CR-389
Criminal. Affirms trial court’s sentence following determination that Hollin violated his probation.

In the Matter of M.K., I.K., and N.K.; R.K. and E.K. v. Indiana Department of Child Services and Stephen P. Griebel (NFP)
02A03-1104-JC-151
Juvenile. Reverses trial court’s determination that a couple’s three children were children in need of services, holding that the Department of Child Services was overzealous in removing the children from the parents’ care at a time when the family was intact but had suffered a series of unfortunate circumstances.

Daddys 'O Pub, LLC v. Purkey Enterprises, Inc. (NFP)
29A02-1105-PL-439
Civil plenary. Affirms trial court’s determination that an 1897 deed did not create an easement in Purkey Enterprises’ building that would enable the owners of an adjoining pub to use its stairway to access the second story of the pub’s building.

Nick Khanthamany v. State of Indiana (NFP)

49A02-1106-CR-497
Criminal. Affirms convictions of felony murder and conspiracy to commit robbery.

James Eubanks, Jr. v. State of Indiana (NFP)
45A03-1105-CR-212
Criminal. Affirms sentence for Class B felony burglary.

Samantha Bradley v. State of Indiana (NFP)
49A02-1106-CR-513
Criminal. Affirms convictions of Class A misdemeanor criminal trespass and Class A misdemeanor resisting law enforcement.

Susan Kohl v. Duane Kohl (NFP)
34A05-1105-DR-289
Domestic relation. Affirms trial court’s determination that that husband’s pension should not be included as a marital asset, but finding that the wife presented sufficient evidence to rebut the statutory presumption that an equal division of marital property is just and reasonable; remands to the trial court with instructions to award 60 percent of the marital estate to the wife and 40 percent to the husband.

Brien Clayton v. State of Indiana (NFP)
79A02-1102-CR-138
Criminal. Affirms conviction of Class A felony dealing in cocaine, finding harmless any error in the admission of opinion testimony and sufficient evidence to support the conviction.

Indiana Tax Court had issued no opinions by IL deadline.
 

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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