Opinions March 23, 2011

March 23, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Troy R. Smith v. State of Indiana
Criminal. Reverses trial court’s order to revoke Smith’s probation due to non-payment of weekly child support – a condition of Smith’s probation. The state failed to prove Smith knowingly, recklessly, or intentionally failed to pay weekly child support and failed to prove Smith’s ability to pay.

Andrew McWhorter v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. The trial court did not err by accepting McWhorter’s guilty plea.

Shawn Green v. State of Indiana
Criminal. Affirms convictions of two counts of Class C felony forgery. Allowing Green to avoid a forgery conviction because he electronically signed a credit card sales receipt would run contrary to the expressed intent of the General Assembly. He “made” a “written instrument” when he signed another person’s name in the electronic box on the electronic point of sale terminal.

Donna Smith, et al. v. Emmanuel Temple Pentecostal Churches of the Apostolic Faith Inc., et al.
Civil plenary. Affirms grant of the national church’s motion to dismiss Smith’s and others verified motion for rule to show cause, alleging the local church had violated the court’s August 2009 order by refusing to allow Donna Smith to enter the church premises and refusing to restore her to the pastoral position. Smith is not a member of the church staff and does not have the right to enter the building at times other than those designated for public worship. The trial court did not abuse its discretion in, in essence, affirming the decision to elect another pastor after the August 2009 order.

Ruby Hamilton v. Eddie Woods, Helen Billingsley, and Kathleen Henderson (NFP)

Small claim. Reverses small claims court judgments, ruling the court’s judgments in an estate case are not sustainable on a theory of contract or contribution.

Deangelo Banks v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct, and Class D felony strangulation.

Linda (Fritts) Christopher v. Ronald Fritts (NFP)
Domestic relation. Affirms trial court’s order on division of marital property and determining child support issues, ruling the trial court did not abuse its discretion in refusing to give appellant credit toward child support obligation for overnight visits with the couple’s child.

Cortez Lee v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony neglect of a dependent.

James A. Nelson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Vanscyoc v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery.

Aaron Israel and Gary Robertson v. J. David Donahue, et al. (NFP)
Civil plenary. Affirms denial of Israel’s petition for judicial review of administrative decision and/or petition for writ of mandate to either enjoin noncompliance or order compliance with the law.

Jeffrey A. Graham v. State of Indiana (NFP)
Criminal. Affirms revocation of probation and remands with instructions to correct the order revoking probation and recalculate Graham’s sentence consistent with the appellate decision.

Lalena D. Ricketts Boller v. Scott W. Ricketts (NFP)
Domestic relation. Dismisses Boller’s appeal of the order of child support modification and restriction of parenting time, medical fees owed, and the payment of attorney fees and guardian ad litem fees following the dissolution of her marriage.

In the Matter of the Paternity of S.A.; G.L. v. T.A. (NFP)
Juvenile. Reverses denial of G.L.’s motion to correct error and remands with instructions the trial court enter a new order establishing the father’s child support obligation consistent with the appellate decision.

James Phillips v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder and Class B felony possession of a firearm by a serious violent felon.

Term. of Parent-Child Rel. of H.P.; M.G. and R.P. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Jermarcus J. Starnes v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for two counts of Class B felony dealing in cocaine.

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 ...