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Opinions July 26, 2012

July 26, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Michael J. Lock v. State of Indiana
35S04-1110-CR-622
Criminal. Affirms Lock’s conviction and sentence for Class D felony operating a motor vehicle as a habitual traffic violator and the revocation of his driving privileges for life. I.C. 9-30-10-16 is not unconstitutionally vague and based on the stipulation that Lock’s Zuma was traveling 43 MPH, a reasonable fact-finder could find beyond a reasonable doubt that the Zuma had a maximum design speed in excess of 25 MPH. Justice Rucker dissents.
 
Roger L. Bushhorn v. State of Indiana
40S01-1206-CR-309
Criminal. Affirms 47-year sentence following guilty plea to Class A felony kidnapping, Class B felony criminal confinement and Class B felony attempted escape. Finds the sentence is not inappropriate under Appellate Rule 7(B) and there was no abuse of discretion.

Indiana Court of Appeals
Jeremiah Cline v. State of Indiana
06A05-1111-MI-611
Miscellaneous. Affirms determination that Cline is not required to register as a sex offender but that the trial court lacked authority to order removal of his name and information from the Indiana Sex Offender Registry. He has not demonstrated his entitlement to removal as a judicial remedy but may go through the Department of Correction. Chief Judge Robb dissents.

Denise A. Mertz a/k/a Denise A. Grimmer v. Robert G. Mertz
64A03-1108-DR-360
Domestic relation. Affirms the trial court did not err in modifying Robert Mertz’s child support obligation. His plan to pay one-half of his income toward his support obligation was a sufficient plan to warrant reinstatement of his driving privileges. Chief Judge Robb dissents in part.

J. Michael Kummerer v. C. Richard Marshall
03A01-1201-CT-33
Civil tort. Affirms failure to award Kummerer prejudgment interest and failure to grant his motion to correct errors. Prejudgment interest was not appropriate in this case because the trial court had to exercise its judgment in calculating damages.

Arnold Blevins v. Raymond Arthur Brassart (NFP)
18A03-1201-PL-8
Civil plenary. Affirms dismissal of Blevins’ claims against Brassart because they were barred by the Statute of Frauds.

Timothy Stevenson, Jr. v. State of Indiana (NFP)
48A04-1111-CR-655
Criminal. Affirms revocation of probation and order Stevenson serve his previously suspended sentence.

Fredrick D. Gaither v. State of Indiana (NFP)
49A02-1202-PC-106
Post conviction. Affirms denial of successive petition for post-conviction relief.

Derrick Rockingham v. State of Indiana (NFP)
49A02-1201-CR-25
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Douglas Chubb v. State of Indiana (NFP)
77A04-1110-CR-519
Criminal. Affirms conviction of Class B felony robbery.

J.H. and T.G. v. Indiana Department of Child Services (NFP)
02A03-1112-JT-556
Juvenile termination. Affirms termination of parental rights.

Maurice Ervin v. State of Indiana (NFP)
49A04-1112-CR-626
Criminal. Affirms conviction of Class D felony attendance with an animal at a fighting contest.

A.J. v. Indiana Department of Child Services (NFP)

82A01-1111-JT-529
Juvenile termination. Affirms termination of parental rights.
 
Indiana Tax Court posted no opinions at IL deadline.
 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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