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
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
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.
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)
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)
Domestic relation. Affirms distribution of property.

Paul Lewis v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Andrew Huntsman v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following guilty plea to Class A misdemeanor cemetery mischief.

Vaughn Blackburn v. State of Indiana (NFP)
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)
Adoption. Affirms order granting stepfather’s petition to adopt A.N.B.

Darnell Tinker v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.

Ben J. Davis v. State of Indiana (NFP)
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)
Post conviction. Affirms denial of petition for post-conviction relief.

Jimmie I. Immel v. Jennifer W. Immel (NFP)
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)
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)
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)
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)
Juvenile paternity. Dismisses father’s appeal of order which in part denied his petition to modify custody.


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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL