ILNews

Opinions July 18, 2011

July 18, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Delagrange v. State of Indiana
49A02-1010-CR-1086
Criminal. Affirms partial denial of motion to dismiss. The state has alleged that Delagrange knowingly or intentionally attempted to create an image of sexual conduct, which is a sufficient statement of Delagrange’s mental state to survive a motion to dismiss. Remands for further proceedings. Judge Baker dissents.

Nathan D. Hawkins v. State of Indiana

79A02-1101-CR-100
Criminal. Affirms denial of Hawkins' sentence modification. The 365-day period during which the trial court has sole discretion to grant a modification began when Hawkins was originally sentenced, not when he was re-sentenced after appeal. Because his motion was filed outside of the one-year period and the prosecutor didn’t consent to a modification, the modification is properly denied. Chief Judge Robb dissents with separate opinion.

Donald Troutner v. State of Indiana
91A04-1012-CR-796
Criminal. Reverses conviction of Class A misdemeanor battery and concurrent sentence because the state presented the same evidence to also support Troutner’s conviction of Class B felony robbery. The trial court erred when it limited the testimony of Troutner’s niece, but it was a harmless error, so the robbery conviction is affirmed.

BP Products North America, et al. v. Indiana Office of Utility Consumer Counselor, et al.

93A02-0905-EX-490
Agency action. On rehearing, reverses the Indiana Utility Regulatory Commission’s decision that BP Products was not a public utility with respect to the furnishing by it of natural gas it purchased from the Northern Indiana Public Service Co. to Marsulex. The COA declared this issue to be moot as a result of the resolution of other issues on appeal, which was an incorrect conclusion. Remands for further proceedings and affirms original decision in all other matters.  

Donald Glorioso v. Carla Glorioso (NFP)
64A03-1012-DR-620
Domestic relation. Affirms finding Donald Glorioso in contempt of court in a dissolution matter.

Gregory D. Harris v. State of Indiana (NFP)
49A04-1012-CR-787
Criminal. Affirms revocation of placement on home detention.

Vincent B. Hunter, Jr. v. State of Indiana (NFP)
71A04-1012-CR-788
Criminal. Affirms convictions of Class B felony burglary and Class D felony animal cruelty.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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