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Opinions June 13, 2014

June 13, 2014
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Indiana Supreme Court
The following opinion was issued after IL deadline Thursday.

Randy L. Knapp v. State of Indiana
28S00-1305-LW-327
Criminal. Affirms in all respects the murder conviction and life without parole sentence for Randy L. Knapp in the killing of Stacey Lawson. The court rejected Knapp’s claims that crime scene photos and expert witness testimony were improperly admitted and that his sentence wasn’t supported by evidence or was inappropriate in light of his character and nature of his offense.

Indiana Court of Appeals
Brian S. Moore v. Kristy L. Moore
49A04-1310-DR-499
Domestic relation. Reverses contempt finding against Brian Moore and 30-day suspended jail sentence. The trial court improperly denied his request for the appointment of counsel. Remands for the trial court to determine if he is indigent and, if so, to appoint counsel to represent him at a new contempt hearing.

Robert L. Slone v. State of Indiana
17A03-1312-CR-496
Criminal. Affirms 24-year sentence after Robert L. Slone pleaded guilty to three counts of burglary in two separate causes. The fact that the state chose to join charges for trial does not prove that Slone’s criminal actions arose from a single episode of criminal conduct, therefore, the court did not abuse its discretion in sentencing.

In the Matter of the Adoption of M.S.; C.L.S., v. A.L.S.
20A03-1306-AD-217
Adoption. Affirms trial court’s order granting stepmother’s petition to adopt minor daughter, M.S. Rejects mother’s argument that the trial court’s calculation of her child support arrearage as the equivalent of one year of missed payments was improper. Concludes that interpreting Indiana statute as meaning a parent must fail to pay child support for one entire calendar year could lead to absurd consequences. Also finds the adoption was in M.S.’s best interests.

Jonathan Stephens v. State of Indiana

85A02-1306-CR-518
Criminal. Affirms Class C felony criminal confinement conviction. There is sufficient evidence to support the conviction; Stephens’ attorney did not provide ineffective assistance; and, although the prosecutor made one improper remark during closing arguments, Stephens could not prove fundamental error. Remands with instructions for trial court to correct the sentencing order, abstract of judgment and chronological case summary to reflect that an 8-year habitual offender enhancement serves as an enhancement of the criminal confinement conviction.

Randolph Kelley v. State of Indiana and Paige A. Devlin
02A03-1308-CR-329
Criminal. Affirms trial court order awarding Devlin a $50,000 credit toward restitution in Kelly’s favor. The criminal court did not commit reversible error when it granted Devlin a credit toward the restitution order based on her insurer’s payment of damages pursuant to a civil settlement to satisfy the criminal court’s restitution order of $59.974.87 for injuries Kelley suffered as a result of Devlin operating a vehicle while intoxicated.

Lakhvir Singh v. State of Indiana (NFP)

49A02-1309-CR-761
Criminal. Affirms convictions of Class B felony rape, Class B felony attempted criminal deviate conduct, Class D felony sexual battery, Class D felony strangulation and Class A misdemeanor domestic battery.

Dena Alfayyad v. U.S. Bank National Association as Trustee for RASC 2007KS3 (NFP)
29A02-1307-MF-652
Mortgage foreclosure. Affirms summary judgment in favor of U.S. Bank National Association.

In the Matter of: A.H., Jb.H., and Je.H., Children in Need of Services, C.P. v. The Indiana Department of Child Services (NFP)
34A05-1401-JC-1
Juvenile. Affirms adjudication of children in need of services.

Indiana Supreme Court and Indiana Tax Court issued no opinions Friday by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline.
 

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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