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Opinions March 28, 2014

March 28, 2014
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Indiana Court of Appeals
In Re Paternity of D.T. (Minor Child) Diamond T. Parks (Mother) v. Deante Rashon Tate (Father)
48A05-1309-JP-486
Juvenile. Reverses award of custody to father, who resided in Indiana, from mother, who lived in Mississippi. The trial court lacked subject matter jurisdiction. The trial court adjudicated the custody request of father as part of the Uniform Interstate Family Support Act cause of action, even though the UIFSA specifies that the court lacks jurisdiction to make such a determination absent a stipulation between the parties.  

Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc.
71A03-1308-CT-301
Civil tort. Reverses trial court ruling that a release executed by the Kramers bars their negligence claims against Catholic Charities regarding the facilitation of a pre-adoption placement of a child with them. Judge Baker dissents.

Matthew Pavlovich v. State of Indiana
49A02-1308-CR-715
Criminal. Affirms convictions of Class D felony child solicitation and Class A misdemeanor patronizing a prostitute. The trial court properly refused to dismiss the child solicitation charge. The circumstantial evidence is sufficient to authenticate the texts and emails as being authorized by Pavlovich, so they were properly introduced into evidence and authenticated as being written by him. Judge Barnes concurs and part and dissents in part.

Joshua L. Wynn v. State of Indiana (NFP)
58A05-1303-CR-115
Criminal. Affirms denial of motion for modification of sentence or change of placement.

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

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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