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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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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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