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Opinions June 14, 2012

June 14, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.

Ronald G. Becker v. State of Indiana (NFP)
45A03-1112-CR-539
Criminal. Affirms order vacating a determination that Becker was entitled to relief from reporting and registration requirements applicable to a sexually violent predator.

Darrell Warren v. State of Indiana (NFP)
29A02-1112-CR-1198
Criminal. Affirms sentence of Class D felony invasion of privacy.

Eddie R. Smith, Jr. v. State of Indiana (NFP)
34A04-1112-CR-658
Criminal. Affirms sentence following guilty plea to Class D felony failure to register as a sex offender.

In the Matter of the Adoption of M.L.B. v. K.J.R. and P.L.R. (NFP)
41A05-1107-AD-363
Adoption. Affirms order granting stepfather P.L.R.’s petition to adopt M.L.B.

Salvador S. Castro v. State of Indiana (NFP)
39A04-1107-CR-344
Criminal. Affirms trial court decision to not suspend any portion of Castro’s sentence for Class A felonies dealing cocaine and conspiracy to commit dealing cocaine and Class A misdemeanor carrying a handgun without a license.

Adam Mittler v. State of Indiana (NFP)
49A05-1112-CR-623
Criminal. Vacates portion of the trial court order that failed to credit Mittler’s time on home detention against his sentence and remands with instructions to calculate the time Mittler served in home detention and to credit such time against his sentence.

In Re: The Visitation of M.L.B.; K.J.R. v. M.A.B. (NFP)
41A01-1107-MI-285
Miscellaneous. Affirms order granting grandfather M.A.B.’s petition for visitation rights to M.L.B.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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