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Opinions July 18, 2013

July 18, 2013
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Indiana Supreme Court
In Re the Guardianship of A.J.A. and L.M.A., Minor Children; J.C. v. J.B. and S.B.
48S02-1305-GU-398
Guardianship. Holds the trial court correctly vacated its original order granting grandparent visitation. The Grandparent Visitation Statute does not provide a means by which the paternal grandmother in this case may seek visitation when her son has murdered the mother of her two grandchildren.

Indiana Court of Appeals
James Denning v. State of Indiana
49A05-1208-CR-394
Criminal. Affirms conviction of Class A felony attempted robbery and finding Denning is a habitual offender. COA rules it has jurisdiction over the appeal because Denning is appealing a final order, as he was not subject to a pending restitution order. His victim’s testimony was not incredibly dubious and the trial court was not obliged to enter a conviction of a lesser-included offense.

Frederick Herron v. State of Indiana
34A02-1203-CR-224
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one count of Class B felony dealing in cocaine and the finding that Herron is a habitual offender. Because the police officers had probable cause to believe Herron was delivering cocaine, his arrest on being removed from the car was permissible. The trial court therefore did not abuse its discretion in admitting evidence seized from that point forward.

Auditor of Owen County and Treasurer of Owen County v. Asset Recovery, Inc.
60A01-1212-MI-592
Miscellaneous. Reverses order granting Asset Recovery’s verified petition and claim for surplus after tax sale. Asset Recovery is limited in the amount it can receive from the surplus under I.C. 6-1.1-24-7.5(b)(1).

Christopher Halterman v. Adams County Board of Commissioners, Adams County Sheriff, Charles Padgett, Adams County Sheriff's Dept. and Adams County Jail
01A04-1211-CT-558
Civil tort. Affirms summary judgment for sheriff Charles Padgett on Halterman’s lawsuit alleging negligence in the treatment of his abscess. The trial court did not abuse its discretion when it denied Halterman’s motion to strike the affidavit of Dr. House, and Padgett was entitled to summary judgment because Halterman could not show any action or lack thereof by Padgett caused Halterman’s injury.

Marco Puente v. Stark Leasing Company, Inc. (NFP)
49A02-1211-PL-940
Civil plenary. Affirms judgment entered against Puente but reverses award of attorney fees to Stark Leasing Co. Remands for the trial court to hold a hearing on the issue of attorney fees incurred through the trial in this case, not exceeding the $1,800 originally awarded.

Troy Thurman v. State of Indiana (NFP)
22A04-1208-CR-438
Criminal. Reverses trial court refusal to award credit for time served and good time credit. Remands with instructions to modify the time remaining on Thurman’s sentence.

Clint Bradley a/k/a Sam Jones v. State of Indiana (NFP)
18A02-1209-CR-760
Criminal. Affirms denial of Bradley’s motion to withdraw his guilty pleas to counts of Class B felony dealing in cocaine and unlawful possession of a firearm by a serious violent felon.

Jeremiah Walls v. State of Indiana (NFP)
55A01-1212-CR-581
Criminal. Affirms trial court’s determination that the state did not violate the 14th Amendment by striking a prospective juror and affirms the trial court’s refusal to give Walls’ tendered jury instruction.

Todd D. Kelly v. State of Indiana (NFP)
41A01-1212-CR-565
Criminal. Affirms conviction of Class A misdemeanor intimidation.

Bruce Johnson-El v. State of Indiana (NFP)
09A02-1302-CR-177
Criminal. Dismisses appeal of denial of petition for additional credit time.

Kasiim Weaver v. State of Indiana (NFP)
45A05-1211-CR-564
Criminal. Affirms 34-year sentence for Class A felony voluntary manslaughter.

John D. Rogers v. State of Indiana (NFP)
10A04-1211-CR-592
Criminal. Affirms denial of motion for specific performance of a plea agreement.

In the Matter of the Paternity of: L.M.D. (Minor Child) D.H. v. A.D. (NFP)
01A02-1301-JP-31
Juvenile. Reverses denial of father’s petition to change the last name of his daughter to match his own. Remands with instructions to grant the petition.

James F. Noel v. State of Indiana (NFP)
49A02-1212-CR-1005
Criminal. Affirms conviction of Class A felony attempted murder.

The Indiana Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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