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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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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