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Opinions March 11, 2011

March 11, 2011
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The following opinion was posted after IL deadline Thursday.
Indiana Supreme Court
David K. Murphy v. State of Indiana
18S02-1103-CR-142
Criminal. Reverses trial court ruling that Murphy submit his request for six months of educational credit time for receiving his GED while awaiting sentencing to the Department of Correction. Adopts the result reached by the Indiana Court of Appeals that the trial court is the proper authority to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time. Remands for further proceedings.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.

Claudia Scott v. State of Indiana (NFP)
49A05-1006-CR-385
Criminal. Affirms on interlocutory appeal the denial of Scott’s motion to suppress.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A05-1007-DR-446
Domestic relation. The trial court abused its discretion by assigning a value of $181,800 to Kenneth’s vested pension without consideration of the present value of the benefit. Affirms in all other respects. Remands for further proceedings.

Steven A. Ratliff v. Marlene M. (Ratliff) Bontzolakes (NFP)
41A01-1005-DR-242
Domestic relation. Dismisses Ratliff’s appeal of the trial court order that he pay for college expenses incurred by his daughter.

Justin Looney v. State of Indiana (NFP)
20A03-1007-CR-395
Criminal. Affirms conviction of Class A felony dealing in cocaine but reverses his sentence and remands for re-sentencing. The trial court abused its sentencing discretion in finding Looney’s juvenile record and his lack of steady employment to be an aggravating circumstance.

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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