ILNews

Opinions June 1, 2011

June 1, 2011
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Indiana Supreme Court
Jeffery Sloan v. State of Indiana
18S04-1009-CR-502
Criminal. Affirms convictions of and sentence for Class A felony and Class C felony child molesting. Holds once concealment has been established, statutes of limitations for criminal offenses are tolled under Indiana Code 35-41-4-2(h) until a prosecuting authority becomes aware or should have become aware of sufficient evidence to charge the defendant. Also holds that under the facts of this case, there was no double jeopardy violation because each challenged offense was established by separate and distinct facts. Justices Sullivan and Rucker dissent.
 
Indiana Court of Appeals
Eddie Vance, Jr. v. State of Indiana
18A04-1011-CR-701
Criminal. Affirms decision to recommit Vance to the Department of Correction because he was released for parole prematurely. The trial court had personal jurisdiction over him and acted within a reasonable time when it reordered him back to the DOC.

Jonathan Wirth v. American Family Mutual Insurance Co.
22A01-1009-CT-440
Civil tort. Affirms summary judgment in favor of American Family Mutual Insurance, in which the court found American Family is entitled to repayment of its medical lien pursuant to its insurance contract with Wirth. Wirth negotiated his settlement with the tortfeasor, which was completely satisfied as evidenced by the executed Release of All Claims form. In absence of any evidence that the settlement was reasonable and American Family’s lien should be reduced, American Family is entitled to complete repayment of its medical lien.

Antione A. Smith v. State of Indiana (NFP)
49A02-1010-CR-1162
Criminal. Affirms convictions of Class D felony battery and Class A misdemeanor resisting law enforcement.

Joseph K. Todd v. State of Indiana (NFP)
43A03-1011-CR-566
Criminal. Affirms sentence following guilty plea to Class D felony failure to appear.

Julius Cabell v. State of Indiana (NFP)
82A01-1010-CR-548
Criminal. Affirms denial of motion to suppress marijuana and statements made to police.

William Soper v. State of Indiana (NFP)
49A05-1009-CR-611
Criminal. Affirms denial of motion for jail time credit.

I
nvoluntary Commitment of A.K. (NFP)
18A02-1011-MH-1199
Mental health. Affirms order for A.K.’s regular involuntary commitment.

Indiana Tax Court had posted no opinions at IL deadline.


 

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  1. 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???

  2. 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?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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