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Opinions March 27, 2012

March 27, 2012
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals
Lorraine (Carpenter) Miller v. Karl Carpenter
29A02-1107-DR-663
Domestic relation. Reverses the trial court’s grant of joint legal custody to father, holding the evidence does not support modification of custody. Rejects the mother’s argument that the court made a de facto modification of physical custody, holding the court merely modified parenting time, and holds the trial court did not abuse its discretion in reducing the father’s child support obligations.  

Earl Arnold, Sr. v. Rose Acre Farms, Inc.
93A02-1109-EX-874
Civil. Affirms finding by Worker’s Compensation Board that Arnold did not suffer an injury arising out of and in the course of his employment with Rose Acre Farms. Arnold was on a public road on his way to work when the crash that injured him occurred, and although his car came to rest in the driveway entrance to Rose Acre Farms, the crash did not occur on its property.

Hane C. Harris v. State of Indiana
18A04-1108-CR-391
Criminal. Affirms convictions of and sentence for one count each of Class A and Class C felony child molesting, and Class D felony child solicitation, holding that the victim’s testimony via closed-circuit television did not affect Harris’ right to cross-examination. Affirms consecutive sentences, holding the court needs to identify only one aggravator to impose consecutive sentences, and Harris had several, including 10 prior felony convictions. Remands to correct sentence to reflect that the habitual offender finding was an enhancement, not a separate offense.

Kevin K. Cotton v. State of Indiana (NFP)
64A03-1107-CR-334
Criminal. Affirms conviction of and sentence for two counts Class C felony child molesting.

Stacy I. Cottrill v. State of Indiana (NFP)
03A01-1110-CR-471
Criminal. Affirms trial court’s revocation of probation and order that Cottrill serve her previously-suspended four-year sentence.

Cynthia J. Biddle, as Personal Rep. of the Estate of Edgar E. Biddle, Deceased v. Joseph W. Laskowski and Barbara J. Laskowski (NFP)
54A01-1105-MI-196
Miscellaneous. Affirms trial court’s order that decreased the attorney fees to be paid to the Biddle estate. On cross-appeal, holds that the trial court did not abuse its discretion when it interpreted the agreement between parties, but due to the death of Edgar Biddle, “specific performance” is no longer possible and therefore the case is remanded to the trial court for determination of a money judgment.  

Term. of Parent-Child Rel. of A.F.-M (Minor Child); A.M. (Mother) and B.S.M. (Father) v. The Indiana Dept. of Child Services (NFP)
28A05-1109-JT-497
Juvenile. Affirms termination of parental rights of mother and father.

Karyl Pogue v. Kim Rawlings and Deborah S. Rawlings (NFP)
12A02-1107-PL-654
Civil plenary. Affirms trial court’s judgment in favor of the Rawlingses on a fraud complaint.

Steffin T. McFall v. State of Indiana (NFP)
20A03-1109-CR-410
Criminal. Affirms sentence for five counts of Class A felony child molesting.  

Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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