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Opinions March 28, 2013

March 28, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
In Re: Prosecutor's Subpoena Regarding S.H. and S.C.; S.H. v. State of Indiana
73S01-1209-CR-563
Criminal. Holds that in a situation where, as here, no charges have been filed and no grand jury has been convened, a prosecutor may subpoena witnesses pursuant to Indiana Code § 33-39-1-4. If those witnesses invoke their constitutional right against self-incrimination, however, the prosecutor cannot petition the court to grant them use immunity and compel them to testify without first filing charges or convening a grand jury. Reverses court’s denial of parents S.H.’s and S.C.’s motion to correct error and remands for further proceedings.

Thursday’s opinions
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services

49A02-1208-JT-643
Juvenile. Affirms termination of parental rights. Mother J.A.’s due process rights were not violated, and there was sufficient evidence to support the termination.

Howard Osborne and Kimberly Easterday v. Tina R. Berger and Carla Hill, co-personal representatives of the Estate of Elbert H. Osborne, deceased (NFP)
85A04-1209-ES-482
Estate. Affirms order which approved the co-personal representatives’ amended petition for a final account in the estate.

Jami M. Martin v. State of Indiana (NFP)

03A01-1209-CR-402
Criminal. Affirms sentence for Class D felonies possession of cocaine and maintaining a common nuisance.

Jamarcus Cain v. State of Indiana (NFP)

02A03-1207-CR-335
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Daymon Holbert v. State of Indiana (NFP)

49A05-1209-PC-455
Post conviction. Affirms denial of petition for post-conviction relief.

J.W. v. Review Board of the Indiana Dept. of Workforce Development and DeGood Dimensional Concepts, Inc. (NFP)

93A02-1205-EX-432
Agency action. Affirms denial of claim for unemployment benefits.

William Baxter v. State of Indiana (NFP)
49A04-1205-PC-248
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Reynolds v. State of Indiana (NFP)
29A04-1208-CR-423
Criminal. Affirms conviction of Class D felony intimidation.

Tyrone Bell v. State of Indiana (NFP)

71A05-1207-CR-393
Criminal. Affirms conviction of Class D felony theft and the habitual offender enhancement.

William J. Caudill v. State of Indiana (NFP)

20A03-1206-CR-274
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury.

Ricky Outlaw v. Indiana Dept. of Corrections, Keith Butts, Rick Talley, Bruce Lemon, and Alan Finnan (NFP)

48A02-1210-CT-889
Civil tort. Affirms dismissal of negligence complaint Outlaw filed against the Indiana Department of Correction, Commissioner Bruce Lemmon, Superintendent Alan Finnan, and Ricky Talley, in their individual and official capacities.

Term. of the Parent-Child Rel. of D.K. (Minor Child) and B.K. (Mother) and D.B.K. (Father) v. The Indiana Dept. of Child Services (NFP)
82A01-1208-JT-367
Juvenile. Affirms termination of parental rights.

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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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