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
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

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)
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)

Criminal. Affirms sentence for Class D felonies possession of cocaine and maintaining a common nuisance.

Jamarcus Cain v. State of Indiana (NFP)

Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Daymon Holbert v. State of Indiana (NFP)

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)

Agency action. Affirms denial of claim for unemployment benefits.

William Baxter v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Steven Reynolds v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony intimidation.

Tyrone Bell v. State of Indiana (NFP)

Criminal. Affirms conviction of Class D felony theft and the habitual offender enhancement.

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

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)

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)
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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  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

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