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Opinions March 7, 2012

March 7, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Angela C. Garrett v. State of Indiana
32A05-1105-CR-239
Criminal. Reverses Class A felony conviction of dealing methamphetamine, finding that the trial court should have instructed the jury on a lesser-included offense of possession of methamphetamine. Remands for a new trial.

Ronald E. Izynski and Linda Izynski, et al. v. Chicago Title Insurance Company
45A04-1006-PL-277
Civil plenary. Reverses trial court’s judgment in favor of Chicago Title, remanding for the court to determine whether the Izynskis might have an action for negligent misrepresentation against Chicago Title regarding a real estate easement dispute, and if so whether the elements of that tort are satisfied and to what extent they sustained damages.

Antwain D. Sanders v. State of Indiana (NFP)
71A03-1107-CR-313
Criminal. Affirms conviction of Class D felony resisting law enforcement with a vehicle, finding the evidence was sufficient to support the conviction.  

Clinton E. Sams v. State of Indiana (NFP)
89A05-1108-CR-403
Criminal. Affirms conviction for Class B felony dealing in a controlled substance and trial court’s finding that defendant is a habitual offender.

Deer Park Management v. Giovanni Zanovello (NFP)
53A01-1104-SC-161
Small claims. Affirms judgment in favor of tenant Giovanni Zanovello, as Deer Park Management did not provide him with timely notice in a move-out letter. Judge Carr Darden dissents, finding the move-out letter was timely and he would reverse the trial court’s decision.
 
Term. of Parent-Child Rel. of M.B., J.B., & T.B.; Y.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1104-JT-397
Parental rights termination. Affirms involuntary termination of parental rights to two children, finding clear and convincing evidence to support the judgment.

Marquis T. Hawkins v. State of Indiana (NFP)
02A03-1108-CR-441
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, finding sufficient evidence to support the determination that defendant knowingly fled from authorities.
 

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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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