Opinions June 16, 2010

June 16, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

M.T. v. State of Indiana
Juvenile. Reverses modification of probation and commitment to the Department of Correction. The state presented no evidence of the probation violations it alleged and the state violated M.T.’s due process rights.

Jason G. Ertel v. State of Indiana
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated. The trial court didn’t abuse its discretion by admitting evidence obtained after Ertel’s car was stopped because the police officer had reasonable suspicion to conduct an investigatory stop.

John Dyer, David White, and Maurice Dillender v. James H. Hall and Nu-Plaza Yacht Club

Civil. Reverses summary judgment in favor of Hall on the complaint his boat docks interfere with Dyer, White, and Dillender’s use of the river. There is an issue of fact as to whether or to what extent the landowners have access to the river, and whether the deadmen installed on the landowners’ property are a nuisance or a trespass.

Paternity of R.M.; N.C. v. K.M. (NFP)
Juvenile. Affirms order denying father N.C.’s motion for change of venue from judge pursuant to Indiana Trial Rule 76(B).

David Mazhandu v. State of Indiana (NFP)

Criminal. Affirms conviction of resisting law enforcement as a Class A misdemeanor.

James D. Boyd v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony child molesting. Reverses sentence and remands for it to be revised to 40 years in prison.

Rocky D. Beavers Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A felony child molesting and Class B felony incest.

Herman F. Filice v. State of Indiana (NFP)
Criminal. Affirms denial of motion to “remove sexually violent predator status.”

J.M. Alleged to be C.H.I.N.S.; H.M. and D.M. v. I.D.C.S. (NFP)
Juvenile. Affirms finding that J.M. is a child in need of services.

Michael R. Pollard, Jr. v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

Rickey D. Gosha v. State of Indiana (NFP)

Criminal. Affirms revocation of probation and order that Gosha serve the remainder of his sentence.

Lorenzo Borders v. City of Elkhart, Ind., et al. (NFP)
Civil. Affirms summary judgment and motions to dismiss Borders’ complaint for false arrest and false imprisonment in favor of the City of Elkhart, et al.

George Cox, et al. v. Honorable Roger D. Davis (NFP)
Civil. Affirms dismissal of complaint filed by Cox and others against Harrison Superior Judge Davis.

Jason Wells v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molesting.

James A. Barber v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to two counts of child molestation as Class A felonies, and two counts of sexual misconduct with a minor as Class B felonies.

Larry Andrew Anderson v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony possession of a controlled substance and Class D felony possession of a legend drug.

Indiana Tax Court had posted no opinions at IL deadline.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...