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Opinions June 10, 2013

June 10, 2013
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7th Circuit Court of Appeals
United States of America v. Javier Munoz
12-3351
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms 181-month sentence following a guilty plea in 2007 to distributing and possessing cocaine with intent to distribute. Munoz materially breached the conditions of his release and an implied term of the plea agreement by fleeing the country rather than showing up for sentencing. His breach allowed the government to treat the plea agreement as having been rescinded.

Indiana Court of Appeals
Maurice Frazier v. State of Indiana
49A05-1210-CR-526
Criminal. Affirms convictions of Class D felonies sexual battery, criminal confinement and official misconduct. Reverses and remands for a second Class D felony conviction of sexual battery to be reduced to Class A misdemeanor battery because the state failed to prove compulsion by force or imminent threat of force. Finds convictions do not violate double jeopardy principles.

In the Matter of the Adoption of J.T.A.; R.S.P. v. S.S.
37A03-1212-AD-525
Adoption. Affirms denial of R.S.P.’s petition to adopt J.T.A. The trial court was mistaken in believing that the father’s parental rights would have been terminated if the petition was granted, but there was nonetheless evidence to support the denial of the petition because the biological mother’s consent was required.  

Flaherty & Collins, Inc. v. BBR-Vision I, L.P., and New Castle Realty, LLC
49A05-1111-PL-569
Civil plenary. Reverses trial court’s interpretation that Section 12(a) of the management agreement between F&C and BBR requires F&C to pay attorney fees for first-party actions. The language of Section 12(a) does not create an exception to the general rule that an indemnity clause creates liability to pay only for third-party actions. The trial court erred in making findings that effectively granted summary judgment to BBR and NCR on the issue of whether they could recover damages under the Crime Victims Statute because there is a genuine issue of material fact as to whether a F&C employee’s action or BBR’s and NCR’s inaction caused any pecuniary loss to BBR and NCR. Reverses what was effectively summary judgment on the issue of whether F&C committed deception. Affirms determination that NCR has standing as a third-party beneficiary to assert its claims in this action. Remands for further proceedings.

Marrco Antonio Martinez v. State of Indiana (NFP)  
29A02-1209-CR-699
Criminal. Affirms 35-year sentence for two counts of Class A felony dealing in cocaine.

Carol Miller v. State of Indiana (NFP)  
49A05-1210-CR-523
Criminal. Affirms conviction of Class A misdemeanor pointing a firearm.

In Re The Paternity of: H.N.L.; C.L. v. B.A. (NFP)
29A05-1209-JP-483
Juvenile. Affirms order in paternity action adjudicating issues regarding custody, parenting time, child support and attorney fees.

Clifton T. Massey v. Reana Beard (NFP)  
02A05-1208-SC-399
Small claim. Affirms order awarding $4,240 to Beard in a landlord/tenant dispute.

In the Matter of the Invol. Term. of the Parent-Child Relationship of A.M.K. and A.O.K., minor children, and T.D., biological father, T.D. v. Indiana Department of Child Services (NFP)
02A03-1210-JT-452
Juvenile. Affirms order denying father’s motion to withdraw his voluntary consent to the termination of his parental rights.

James Brock Rodgers v. State of Indiana (NFP)
71A05-1302-CR-73
Criminal. Affirms conviction of Class D felony theft.

Vassil Marinov v. Bergen Car Company Inc. (NFP)  
79A02-1210-SC-897
Small claim. Dismisses appeal of judgment in favor of Bergen Car Company on Marinov’s claim for damages.

The Indiana Supreme Court and Tax Court posted no decisions at IL deadline.
 

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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