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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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