ILNews

Opinions March 27, 2014

March 27, 2014
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Indiana Supreme Court
Christopher Smith v. State of Indiana
18S02-1304-CR-297
Criminal. Affirms conviction and sentence for Class B misdemeanor failure to report a student’s rape allegation to DCS or local law enforcement based on the statute that requires a school to report instances of child abuse. The reporting requirement is not unconstitutionally vague and there is sufficient evidence to sustain Smith’s conviction. Justices Rucker and Chief Justice Dickson dissent in a separate opinion.

Front Row Motors, LLC and Jerramy Johnson v. Scott Jones
49S02-1311-PL-758
Civil plenary. Reverses denial of Front Row Motors’ motion to set aside default judgment. The trial court lacked jurisdiction over the dealership at the time the default was entered.

Indiana Court of Appeals
Douglas J. Allison v. Heather Pepkowski
64A05-1311-PO-554
Protective order. Dismisses appeal for lack of jurisdiction. Because the court’s extension granted a temporary protection order, which is not appealable as of right, Allison was required to seek a discretionary interlocutory appeal, which he did not do.

Bobby Wine v. State of Indiana (NFP)
85A05-1307-CR-382
Criminal. Affirms conviction of Class B felony dealing in a Schedule I, II or III controlled substance.

In the Matter of the Adoption of L.T.: J.M. and S.M. v. C.T. (NFP)
49A05-1310-AD-493
Adoption. Affirms order by Marion Superior Court, Probate Division, terminating the guardianship of L.T. by his maternal grandparents on grounds that Hamilton Superior Court 1 lacked subject-matter jurisdiction over L.T.’s guardianship. Remands for further proceedings, including that the parties immediately place L.T. in her father’s custody.

Ty C. Wilkerson v. State of Indiana (NFP)
79A02-1307-CR-609
Criminal. Affirms conviction and eight-year sentence for Class C felony battery resulting in serious bodily injury.

Mardel Hill v. State of Indiana (NFP)
02A03-1309-CR-377
Criminal. Affirms grant of state’s motion to join charges under two separate cause numbers for trial.

Austin M. Scholl v. State of Indiana (NFP)
29A02-1309-CR-801
Criminal. Affirms convictions of Class B felony criminal deviate conduct and Class D felony sexual battery.

The Indiana 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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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