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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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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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