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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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