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Opinions July 25, 2012

July 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Kenneth Dwayne Vaughn v. State of Indiana
45S05-1112-CR-684
Criminal. Affirms decision not to grant a mistrial. Vaughn did not suffer actual harm from the bailiff restraining him by covering Vaughn’s mouth in front of the jury so he would stop taking.
 
Indiana Court of Appeals
Erasmo Leyva, Jr. v. State of Indiana
02A03-1111-CR-535
Criminal. Affirms conviction of Class A felony child molesting. Sufficient evidence exists from which the trier of fact could find Leyva guilty beyond a reasonable doubt. Judge Baker dissents, believing the victim’s testimony is incredibly dubious.  

North Gibson School Corporation v. Shea Truelock, Brian Douglas, Doyin Barrett, Tony Hensley, et al.
26A01-1111-PL-505
Civil plenary. Reverses denial of the school corporation’s motion to dismiss a lawsuit filed by 13 bus drivers. The drivers, as unsuccessful bidders for a transportation services contract with the school, do not have a private right of action against the school corporation. The school corporation cannot be held liable for compensatory damages under the Indiana Antitrust Act.

In re the Adoption of S.W., Thomas West v. Ronnie D. Sedberry and Sondra Sedberry (NFP)
34A04-1202-AD-77
Adoption. Affirms grant of petition by the Sedberrys to adopt West’s biological daughter.

In Re: The Marriage of John Davis v. Pamela Davis (NFP)
15A05-1112-DR-649  
Domestic relation. Affirms distribution of property.

Paul Lewis v. State of Indiana (NFP)
53A01-1201-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.

Andrew Huntsman v. State of Indiana (NFP)
57A03-1201-CR-14
Criminal. Affirms sentence imposed following guilty plea to Class A misdemeanor cemetery mischief.

Vaughn Blackburn v. State of Indiana (NFP)
32A04-1112-CR-659
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

In the Matter of the Adoption of A.N.B.; L.T.B. v. C.J.H. (NFP)
26A01-1201-AD-30
Adoption. Affirms order granting stepfather’s petition to adopt A.N.B.

Darnell Tinker v. State of Indiana (NFP)
02A03-1112-CR-587
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Ben J. Davis v. State of Indiana (NFP)
22A04-1107-CR-372
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and status as a habitual offender.

Brad W. Passwater v. State of Indiana (NFP)
48A05-1201-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.

Jimmie I. Immel v. Jennifer W. Immel (NFP)
06A01-1112-DR-600
Domestic relation. Affirms order dissolving marriage and division of assets.

K.S.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
71A03-1112-JV-602
Juvenile. Affirms decision to place K.S.B. in the custody of the Southwest Indiana Regional Youth Village following his adjudication for intimidation.

Anthony Wilson v. State of Indiana (NFP)
89A01-1110-CR-490
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony maintaining a common nuisance.

Sean Shumaker v. State of Indiana (NFP)
43A03-1203-CR-133
Criminal. Affirms trial court allowing the state to file a belated answer to Shumaker’s petition for post-conviction relief and the denial of his motion for default judgment. Reverses summary denial of Shumaker’s PCR petition and remands for further proceedings.

A.K., Father v. T.L., Mother (NFP)
02A04-1112-JP-653
Juvenile paternity. Dismisses father’s appeal of order which in part denied his petition to modify custody.
 

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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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