ILNews

Opinions July 6, 2011

July 6, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
J.L., Child Alleged to be C.H.I.N.S.; J.L. v. I.D.C.S.
32A01-1010-JC-532
Juvenile CHINS. Affirms trial court’s finding that mother’s two sons are children in need of services, because of the mother’s repeated unsubstantiated claims that the father was abusing the boys.

James W. Oldham v. State of Indiana (NFP)
49A02-1009-CR-974
Criminal. Affirms convictions of two counts of Class B felony robbery and two counts of Class B felony criminal confinement.

Aaron Aaron v. State of Indiana (NFP)
34A02-1101-CR-187
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Nynthia Richardson v. BAC Home Loans Services L.P., et al. (NFP)
27A02-1011-MF-1206
Mortgage foreclosure. Affirms trial court’s denial of motion to set aside a default judgment entered in favor of BAC Home Loans Servicing.

S.R. v. Review Board (NFP)
93A02-1011-EX-1233
Civil. Affirms decision by Indiana Department of Workforce Development’s Review Board that Stephen Riner voluntarily left employment without good cause and is not eligible for unemployment benefits.

Roy L. Harrison v. State of Indiana (NFP)
49A02-1010-CR-1094
Criminal. Reverses trial court’s revocation of probation, holding that a probable cause affidavit was filed improperly and therefore cannot be used to establish an alleged probation violation. Remands for new hearing on probation revocation.

Douglas Mowry v. State of Indiana (NFP)
49A02-1009-CR-1017
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Patrick W. Scholl v. State of Indiana (NFP)
71A03-1012-CR-663
Criminal. Affirms trial court’s denial of motion to dismiss and affirms court’s authorization of lifetime driver’s license suspension.

Robert Hinton v. State of Indiana (NFP)
49A02-1012-CR-1330
Criminal. Affirms trial court’s denial of Robert Hinton’s motion to withdraw a guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.




 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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