ILNews

Opinions March 25, 2011

March 25, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William Hurt v. State of Indiana
82A04-1006-CR-414
Criminal. Affirms Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, ruling that Hurt had seen the traffic controls repeatedly on his several trips through the workzone, prior to the fatal crash. Reverses Hurt’s conviction for Class C felony reckless operation of a vehicle in a highway workzone resulting in death, on double jeopardy grounds.

Timothy D. Sexton v. Donna M. (Sexton) Sedlak
49A04-1005-DR-330
Domestic relation. Affirms trial court’s decision to deny retroactive modification of father’s child support obligation prior to the filing date of his petition to modify, ruling the trial court did not abuse its discretion in choosing June 12, 2009, as the effective date for modification. Affirms trial court’s decision denying father’s petition for emancipation. Reverses trial court’s child support obligation of $117 per week and remands with instructiosn to determine Sexton's support obligation in light of child T.S.'s income. Judge Kirsch dissents.

Brian Calaway v. State of Indiana (NFP)
49A02-1008-CR-953
Criminal. Affirms conviction of Class D felony theft and Class A misdemeanor battery.

Term. of Parent-Child Rel. of J.M.; B.M. v. IDCS (NFP)
32A01-1008-JT-455
Juvenile termination of parental rights. Affirms order terminating father’s parental rights.

Douglas (Sommers) Summers v. State of Indiana (NFP)
34A02-1007-CR-876
Criminal. Affirms sentence for Class D felony sexual battery.

Term. of Parent-Child Rel. of S.W.; C.W. v. IDCS (NFP)
49A02-1007-JT-913
Juvenile termination of parental rights. Affirms juvenile court’s order terminating mother’s parental rights.

Bronco L. Morgan v. State of Indiana (NFP)
20A04-1008-CR-577
Criminal. Affirms conviction of and sentence for Class A felony attempted murder.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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