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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 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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