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Opinions March 8, 2012

March 8, 2012
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7th Circuit Court of Appeals
U.S.A v. Marlon K. Spears
No. 10-3338
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms denial of motion to suppress evidence, finding that enough probable cause existed to justify a search warrant that led to a man’s convictions on drug charges.

Indiana Supreme Court
Keith Hoglund v. State of Indiana
No. 90S02-1105-CR-294
Criminal. Affirms trial court judgment that found sufficient evidence to support two Class A felony child molesting convictions and a 50-year sentence. Holds that the Indiana Rules of Evidence do not allow for “vouching testimony” in child sex abuse cases and that past caselaw does not create an exception.


Indiana Court of Appeals
Term. of the Parent-Child Rel. of K.E., and T.E. and J.E., T.E. and J.E. v. Indiana Dept. of Child Services
No. 20A05-1104-JT-206
Parental termination. Reverses and remands parental termination case, finding that trial court didn’t comply with Indiana Code 31-35-2-4(b)(2)(A) before involuntary terminating the parental rights.

United Brotherhood of Carpenters and Joiners of America, Local Union No. 2371, Official Bargaining Agent, et al. v. Merchandising Equipment Group, Div. of MEG Manufacturing Corp., et al.
33A05-1107-CP-345
Civil plenary. Affirms trial court’s decision to grant defendant’s Trial Rule 41(E) motion to dismiss for failure to prosecute after 18 years, finding the court didn’t abuse its discretion.

Pamela J. Hensley v. State of Indiana
63A01-1105-CR-195
Criminal. Reverses trial court’s judgment denying motion to suppress evidence seized during a home search, finding that the probation search was not justified under the Fourth Amendment because it wasn’t a valid probation search but more resembled an investigatory search.

Gladys E. Curry and Thomas Curry v. D.A.L.L. Anointed, Inc.
45A04-1106-CT-290
Civil tort. Affirms trial court’s judgment dismissing complaint for injuries and loss of consortium against D.A.L.L. Anointed, finding the lower court did not err in holding it lacked subject matter jurisdiction based on the Indiana Worker’s Compensation Act.

Guardianship of M.A.M.: D.L.M. v. J.G. (NFP)
71A03-1108-GU-365
Guardianship. Reverses trial court’s order denying father’s petition to terminate maternal grandfather’s guardianship, finding prima facie error because of an existing power of attorney the father had in place while he was deployed.

Donnell Caldwell v. State of Indiana (NFP)
45A05-1108-CR-405
Criminal. Affirms six-year sentence imposed by trial court following a Class C felony criminal recklessness conviction, finding the trial court didn’t abuse its discretion in sentencing him and the sentence is not inappropriate.
    
Lynnette A. Wire v. State of Indiana (NFP)
87A05-1106-CR-410
Criminal. Affirms in part and reverses in part a drunken driving case, finding the evidence is sufficient to sustain a Class C infraction for driving left of center and a Class C misdemeanor conviction of operating a vehicle with a blood alcohol content between 0.08 and 0.15. Remands to vacate conviction of Class C misdemeanor operating while intoxicated.

Term. of the Parent-Child Rel. of R.H. and D.H., D.H. v. Indiana Dept. of Child Svcs. and Lake County CASA (NFP)
45A03-1107-JT-339
Parental termination. Affirms trial court’s involuntary termination of mother’s parental rights, finding evidence supported the juvenile court’s judgment.

Jeffery Haugh v. State of Indiana (NFP)
45A03-1106-CR-276
Criminal. Affirms denial of a motion to withdraw Haugh’s guilty plea in a case involving his conviction of Class D felony failure to notify authorities and moving a body from the scene. Finds the trial court didn’t err and that the sentence is appropriate.

William Estell v. State of Indiana (NFP)
20A03-1109-CR-423
Criminal. Affirms man’s three-year sentence following a conviction of Class D felony escape, finding trial court properly denied motion for a continuance before the sentencing.

Russell A. Prosser, Jr. v. State of Indiana (NFP)
59A01-1107-CR-346
Criminal. Reverses trial court on permitting state to elicit testimony from child-molesting victim’s case manager substantiating the molestation claim. Remands for a new trial.

Richard J. Charlton v. State of Indiana (NFP)
02A03-1108-CR-397
Criminal. Affirms Class B felony rape conviction, finding evidence was sufficient and trial court didn’t abuse its discretion by limiting evidence of sexual history between Richard Charlton and victim.
 
David S. Stover v. State of Indiana (NFP)
03A01-1109-CR-398
Criminal. Affirms Class A misdemeanor conviction of criminal conversation and one-year sentence suspended to probation, finding evidence was sufficient.

James R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
29A02-1103-DR-208
Domestic relation. On petition for rehearing, appellate court revises its Dec. 11, 2011, opinion in same case and removes the citation to Indiana Code 34-52-1-1(b) and instead inserts citation to Indiana Code 31-15-10-1. Affirms previous decision in all other regards.

The Indiana Tax Court had no opinions at IL deadline.
 

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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