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Opinions March 27, 2013

March 27, 2013
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Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
02A03-1207-CR-342
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.

State of Indiana v. Antonio Gonzalez-Vazquez
09A02-1210-PC-792
Post conviction. Reverses denial of state’s motion to correct error challenging the grant of summary judgment to Gonzalez-Vazquez on his petition for post-conviction relief. The post-conviction court erred in striking the state’s response as untimely. Remands for further proceedings.

Michael L. Harris v. State of Indiana
20A04-1204-CR-225
Criminal. Finds Harris’ conviction of Class A misdemeanor sex offender internet offense under I.C. 35-42-4-12 violates the First Amendment and reverses his conviction. His constitutional challenges to I.C. 11-8-8-8(a)(7) under the First Amendment and under Article 1, sections 9 and 24 of the Indiana Constitution fail. The state produced sufficient evidence to support Harris’ conviction of failure to register as a sex offender under that statute. Judge Crone concurs in part and concurs in result in part with separate opinion.

In Re The Guardianship of A.J.A. and L.M.A., J.C. v. J.B. and S.B.

48A02-1204-GU-326
Guardianship. Reverses order vacating paternal grandmother J.C.’s grandparent visitation rights on the basis the trial court that initially granted these rights lacked the statutory authority to do so. Concludes that although the grandmother lacked standing to pursue the original grandparent visitation order, the guardians’ objections to her want of standing were waived when they failed to appeal the original order. Also concludes the grandmother’s visitation rights were not terminated by the adoption of the girls because they were adopted by J.B., who is their uncle, and his partner.

Joseph J. Scott v. State of Indiana
45A04-1208-PC-420
Post conviction. Reverses denial of petition for post-conviction relief and remands with instructions to impose a sentence of 23 years, all executed, for the guilty plea of Class B felony operating a vehicle with a BAC of at least 0.18 grams per deciliter and Class B felony resisting law enforcement causing death. Scott is entitled to relief due to ineffective assistance of trial counsel.

Marc Stults v. State of Indiana (NFP)

11A05-1210-CR-534
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.

Pamela A. Thompson v. Carroll E. Thompson (NFP)

33A01-1210-DR-454
Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.

In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
20A03-1209-JP-400
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.

William D. Everage, Jr. v. State of Indiana (NFP)

48A04-1207-CR-391
Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. 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.

  5. 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.

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