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Opinions July 19, 2012

July 19, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Bobby A. Harlan v. State of Indiana
84A01-1110-CR-474
Criminal. Affirms sentence imposed for two convictions of Class B felony child molesting and order that Harlan register as a sexually violent predator. The order requiring Harlan register as a SVP does not violate the ex post facto clause of the Indiana Constitution, the trial court did not abuse its discretion in the course of identifying aggravating and mitigating factors at sentencing, and his sentence is reasonable.

David Daniel Johnson, Jr., by Next Friend, Indiana Dept. of Child Services v. The Marion County Coroner's Office and City of Indianapolis
49A02-1111-CT-1070
Civil tort. Reverses summary judgment for the coroner’s office on the issue of immunity to lawsuit under the Indiana Tort Claims Act. The Coroner’s office conduct in following its own rules does not fall within the definition of enforcement for purposes of immunity
under ITCA. Affirms summary judgment for the government defendants on D.J.’s claim for negligent infliction of emotional distress. The evidence designated establishes that D.J. was not sufficiently and directly involved in the removal of his mother’s remains. Finds there is a genuine issue of material fact as to whether the appellees’ conduct is so outrageous that it satisfies the reckless element of the tort of intentional infliction of emotional distress. Remands for further proceedings.

In Re the Marriage of Mary Lynn Manning and Ronald D. Manning, II; Ronald D. Manning, II v. Mary Lynn Manning (NFP)
86A04-1112-DR-669
Domestic relation. Affirms finding Ronald Manning in contempt for failing to reimburse Mary Lynn Manning for certain orthodontia expenses incurred by their child and affirms the order to produce certain tax returns.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, and Correctional Medical Services, Inc. (NFP)
33A05-1109-PL-572
Civil plenary. Affirms denial of motion for relief from judgment in favor of the correctional officials and Correction Medical Services Inc.

In the Matter of the Paternity of: J.G.; R.W. v. D.G. (NFP)
49A05-1109-JP-537
Juvenile paternity. Affirms modification of father’s parenting time and order that R.W. pay a portion of father’s attorney fees.

Antwane Walker v. State of Indiana (NFP)
49A02-1112-PC-1173
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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