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Opinions July 19, 2011

July 19, 2011
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7th Circuit Court of Appeals
Dana Woods, et al. v. Commissioner of the Indiana Department of Corrections
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson
10-3339
Civil. Affirms U.S. District Court’s finding that the Indiana Department of Correction policy preventing inmates from advertising for pen-pals and receiving materials from websites that allow persons to advertise for pen-pals is constitutional.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mark McCann v. The City of Anderson, Indiana, and the Hon. Donald R. Phillippe
48A02-1009-PL-1060
Civil plenary. Affirms summary judgment for the city of Anderson and Judge Donald Phillippe, holding McCann is not due any wages from the city court, as he was not an employee of the city court.

Douglas Cottingham v. State of Indiana
06A01-1008-CR-431
Criminal. Affirms trial court’s order that Cottingham, after admitting to a probation violation, serve the remainder of his sentence incarcerated for Class D felony operating a vehicle while intoxicated, endangering a person. Remands to the trial court because Cottingham is entitled to good time credit for his home detention.

Michael Sharp v. State of Indiana
12A02-1010-CR-1188
Criminal. Affirms convictions of and sentence for Class A felony child molesting and Class C felony child molesting, holding that being named a credit-restricted felon does not guarantee a defendant will receive credit for time served, and that convictions on both charges did not violate double jeopardy standards, as each offense required additional proof not used to support the other offense.

Shane A. Schmidt v. State of Indiana
38A02-1008-CR-862
Criminal. Affirms conviction of and sentence for Class C felony criminal confinement, holding that there was sufficient evidence to support the conviction and Schmidt had not demonstrated his sentence was inappropriate.

Paternity of T.M.; B.M. v. S.K.
49A02-1012-JP-1357
Juvenile paternity. Affirms trial court’s denial of father’s motion to set aside paternity affidavit and for DNA testing regarding paternity of his child, holding that a DNA test conducted independently by the father had not been consented to by both parents, and that the trial court had not abused its discretion in denying admissibility of that test.

Term. of Parent-Child Rel. of J.C., et al.; M.C. v. IDCS (NFP)
34A02-1011-JT-1229
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Billy Raines v. State of Indiana (NFP)
13A01-1008-CR-415
Criminal. Affirms juvenile court’s waiver of jurisdiction to adult criminal court and subsequent order in adult criminal court denying dismissal and remand.  

Term. of Parent-Child Rel. of A.O. and C.O.; T.T. v. IDCS (NFP)
10A01-1011-JT-611
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Paternity of A.G.; J.B. v. H.G. (NFP)
49A02-1011-JP-1378
Juvenile paternity. Reverses and remands to the trial court to recalculate father’s post-secondary education contribution for A.G. Affirms court’s finding that father was not in contempt and therefore not liable to pay the mother’s attorney fees.

Richard Brooks v. State of Indiana (NFP)
33A01-1012-CR-636
Criminal. Affirms trial court’s denial of Brooks’ motion to suppress evidence from a vehicle search.  

Charles Farrell, III v. State of Indiana (NFP)
20A03-1008-CR-457
Criminal. Affirms conviction of felony murder.

Victor Rybolt v. State of Indiana (NFP)
49A02-1012-CR-1392
Criminal. Affirms convictions of two counts of Class D felony invasion of privacy.

John L. Katzioris v. Martin Service, Inc., et al. (NFP)
45A03-1012-PL-654
Civil plenary. Affirms the denial of Katzioris’ motion for a status conference to determine whether the Court of Appeals decision in Martin Oil Mktg. Ltd. v. Katzioris, 908 N.E.2d 1183 (Ind. Ct. App. 2009), reh’g denied, resolved all of his claims.

Randy Swisher v. State of Indiana (NFP)
64A03-1004-PC-204
Post-conviction relief petition. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of B.M.; D.M. v. IDCS (NFP)
49A02-1012-JT-1424
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Daurrel Figgs v. State of Indiana (NFP)
02A03-1010-CR-597
Criminal. Affirms convictions of Class B felony aggravated battery and two counts of Class B felony robbery while armed with a deadly weapon.

Paternity of A.A.; C.A., et al. v. J.B. (NFP)
55A04-1011-JP-723
Juvenile paternity. Affirms trial court’s order awarding custody of son to his father and court’s decision to change child’s surname.

Aaron Isby v. D. Gilstrap, et al. (NFP)
49A05-1009-CT-660
Civil tort. Affirms the trial court’s dismissal of Isby’s declaratory judgment action for failure to state a claim and affirms the trial court’s denial of Isby’s Trial Rule 60(B)(3) motion for relief from judgment based on fraud.

Eugene Lamar Robinson v. State of Indiana (NFP)
45A03-1010-CR-547
Criminal. Affirms conviction of Class B felony criminal confinement.

Robert L. Clark, Jr., et al. v. Robert L. Clark, Sr. (NFP)
01A02-1007-CT-759
Civil tort. Reverses and remands summary judgment on Robert Clark, Jr., and wife Debra’s tort against Robert Clark, Sr., holding the couple’s claims are not precluded by the Indiana Guest Statute.

Alex Russell v. State of Indiana (NFP)
45A03-1011-CR-581
Criminal. Affirms the revocation of Russell’s probation and the imposition of the entire suspended sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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