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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
35A02-1008-CR-996
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
33A05-1010-PC-685
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
49A05-1006-CR-382
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.
49A02-1007-PL-793
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)

45A03-1009-SC-503
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)
49A02-1006-CR-689
Criminal. Affirms convictions of Class A felonies rape and criminal deviate conduct, and Class D felony strangulation.

Linda (Fritts) Christopher v. Ronald Fritts (NFP)
34A04-1008-DR-508
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)
02A03-1008-CR-413
Criminal. Affirms conviction of and sentence for Class B felony neglect of a dependent.

James A. Nelson v. State of Indiana (NFP)
26A01-1011-PC-568
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony Vanscyoc v. State of Indiana (NFP)
18A02-1008-CR-915
Criminal. Affirms conviction of Class B felony aggravated battery.

Aaron Israel and Gary Robertson v. J. David Donahue, et al. (NFP)
46A03-1008-PL-445
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)
03A01-1009-CR-459
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)
18A02-1006-DR-629
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)
49A02-1009-JP-967
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)
49A02-1008-CR-907
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)
20A03-1007-JT-397
Juvenile. Affirms involuntary termination of parental rights.

Jermarcus J. Starnes v. State of Indiana (NFP)
20A04-1007-CR-486
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. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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