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Opinions March 14, 2012

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

Indiana Supreme Court
Phyllis Hardy, Alax Keith Furnish and Megan Jessica Furnish, by next friend Phyllis Hardy v. Mary Jo Hardy
51S01-1106-PL-366
Civil plenary. Holds that the Federal Employees’ Group Life Insurance Act does not preempt the equitable claims over the life insurance proceeds of Carlos Hardy and that the first wife and grandchildren are entitled to a constructive trust over at least a portion of the proceeds.

Indiana Court of Appeals
Dominique D. Woods v. State of Indiana
45A03-1107-CR-292
Criminal. Affirms conviction of Class B felony robbery. The evidence was sufficient to support the conviction.

In Re the Adoption of M.P.S., Jr.; A.S. v. M.P.S., Sr., M.S., and An.S.

88A01-1108-AD-387
Adoption. Reverses denial of mother A.S.’s motion for relief from judgment, where she alleges fraud, duress and lack of procedural due process in the adoption of M.P.S. Jr. by the child’s grandparents. In light of the extremely irregular and – to some extent – fraudulent circumstances surrounding the adoption of M.P.S., Jr., mother has met her burden to set aside the adoption. Her consent was invalid as a matter of law. Remands to the trial court with instructions to vacate the adoption decree and to comply with Indiana Code 31-14-13-1, which vests sole legal custody of a child born out of wedlock in the biological mother.

Karl A. Kaler v. State of Indiana (NFP)
57A04-1108-CR-432
Criminal. Affirms sentence for Class D felony theft and adjudication as a habitual offender.

David Marzini v. State of Indiana (NFP)
20A03-1102-PC-64
Post conviction. Affirms denial of petition for post-conviction relief.

Shavaughn Wilson v. State of Indiana (NFP)
49A02-1109-PC-795
Post conviction. Affirms sentence for Class A felony dealing in cocaine, Class C felony possession of cocaine, Class A misdemeanor possession of marijuana, and adjudication as a habitual offender.

Chris Davis v. State of Indiana (NFP)
49A02-1107-CR-619
Criminal. Affirms convictions of Class D felony escape and Class C misdemeanors refusal to identify and operating a vehicle having never received a license.

Jessica E. Mantooth v. State of Indiana (NFP)
24A01-1108-CR-382
Criminal. Affirms convictions of Class A felony possession of methamphetamine with intent to deal, Class D felony neglect of a dependent, and Class A misdemeanors possession of paraphernalia and driving while suspended.

Timothy Colby & Holly Colby v. T.H. Construction, Inc. (NFP)
45A03-1110-PL-472
Civil plenary. Affirms order and entries of judgment entered against the Colbys on their complaint for breach of contract and deception filed against T. H. Construction Inc.

Patty Garcia v. State of Indiana (NFP)
49A02-1108-CR-831
Criminal. Affirms conviction of failure to ensure school attendance as a Class B misdemeanor.

Jacob Lockridge v. State of Indiana (NFP)
48A02-1104-CR-383
Criminal. Affirms conviction of two counts of Class B felony child molesting and sentence imposed.

Christopher L. Overla v. State of Indiana (NFP)
02A05-1108-CR-474
Criminal. Affirms sentence following guilty plea to Class D felony invasion of privacy.

Scott C. Haisley v. State of Indiana (NFP)
18A02-1106-CR-568
Criminal. Affirms sentence following guilty plea to Class A felony child molesting.

William James Hall v. State of Indiana (NFP)
82A04-1107-CR-330
Criminal. Affirms convictions of Class B felony attempted rape and Class D felonies residential entry and criminal confinement.

Tamara Sue Forrester v. State of Indiana (NFP)
48A04-1108-CR-453
Criminal. Affirms revocation of probation.

John McMahan v. State of Indiana (NFP)
20A03-1109-CR-409
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Paul Michael Kage v. State of Indiana (NFP)
76A03-1108-CR-379
Criminal. Dismisses appeal that plea agreement should be set aside.

Term. of Parent-Child Rel. of M.J.; C.J. v. Indiana Dept. of Child Services (NFP)

79A05-1109-JT-502
Juvenile. Affirms termination of parental rights.

Raymond Warren v. State of Indiana (NFP)
02A03-1106-CR-325
Criminal. Affirms three convictions of child molesting as Class A felonies and one conviction of Class C felony child molesting.

Noah Thom v. State of Indiana (NFP)
48A05-1107-CR-348
Criminal. Affirms placement at the Department of Correction.

Imani Scott v. State of Indiana (NFP)
49A05-1108-CR-429
Criminal. Affirms sentence for Class B felony robbery.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of L.L., and R.L. v. The Indiana Dept. of Child Services (NFP)
20A03-1107-JT-337
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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