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Opinions March 19, 2012

March 19, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Jimmie E. Jones, Jr. v. State of Indiana
29S02-1108-CR-511
Criminal. Adopts Court of Appeals opinion in full, which affirmed the refusal by the trial court to give Jones’ tendered instructions on reckless homicide and involuntary manslaughter as lesser-included offenses to the murder charge. The evidence didn’t support a reckless homicide instruction and the charging information for the murder count foreclosed an involuntary manslaughter instruction.

Indiana Court of Appeals
In Re the Paternity of C.S.: M.R. (Mother) v. R.S. (Father)
53A01-1108-JP-381
Juvenile. Affirms order granting a petition for modification of custody filed by father. The trial court did not abuse its discretion in finding that C.S.’s physical and mental/academic maturation constituted a substantial change warranting modification of custody. The trial court did not misinterpret Indiana Code 31-17-2-8 in the process of drawing conclusions from its findings, nor did it err in relying on the updated custody evaluation.

Robert Hardin v. Carlotta Hardin
18A05-1105-DR-301
Domestic relation. Reverses and remands as to the trial court’s division of Robert Hardin’s pension, including the cost to Carlotta Hardin of the survivor’s benefit. Affirms as to all other issues. The trial court used an incorrect coverture fraction and erred in dividing the pension.

Charles L. Eckard v. State of Indiana (NFP)
57A03-1108-CR-382
Criminal. Affirms sentence for Class C felony battery.

Juan Emerson v. State of Indiana (NFP)
49A05-1102-PC-95
Post conviction. Affirms denial of petition for post-conviction relief.

Kelly Scott Thomas v. State of Indiana (NFP)
20A05-1111-PC-651
Post conviction. Affirms denial of motion to withdraw petition for post-conviction relief and denial of that petition.

T.N.S. v. State of Indiana (NFP)
46A03-1105-JV-263
Juvenile. Affirms adjudication as a delinquent for committing what would be sexual battery if committed by an adult.

Mark Wiley v. Midwest Poultry Services, LP (NFP)
93A02-1107-EX-593
Agency appeal. The full board of the Worker’s Compensation Board of Indiana erred in denying Wiley’s claim for the reimbursement of costs associated with his wheelchair because the undisputed evidence reveals his impairment is reduced by having a working motorized wheelchair and the parties’ agreement did not waive this claim. Further, based on a plain reading of the agreement, the board did not err in awarding Wiley reimbursement for the cost of repairing the chair lift added to his pick-up truck. Remands to the full board to enter an amended order consistent with this opinion.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. 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

  2. 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.

  3. 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.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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