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Opinions May 10, 2011

May 10, 2011
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Indiana Supreme Court
Damion J. Wilkins v. State of Indiana
02S03-1010-CR-604
Criminal. Affirms trial court denial of motion to suppress. Wilkins is not entitled to suppression of the evidence on his claims of error related to the no-knock entry. Summarily affirms the Indiana Court of Appeals as to his other appellate claims.

Cornelius T. Lacey, Sr. v. State of Indiana
02S05-1010-CR-601
Criminal. Affirms denial of Lacey’s motion to suppress. The police did not have to present known supporting facts and obtain an advance judicial authorization for the no-knock entry. Summarily affirms the Indiana Court of Appeals as to all other issues.

City of Indianapolis, et al. v. Christine Armour, et al.
49S02-1007-CV-402
Civil. Reverses trial court grant of summary judgment for the plaintiffs on their federal constitutional claims and remands with instructions to grant judgment for the City of Indianapolis on the plaintiffs’ federal equal protection claim. Holds the City of Indianapolis did not violate the Equal Protection Clause of the 14th Amendment because forgiving only the outstanding assessment balances was rationally related to a legitimate governmental interest.

Indiana Court of Appeals
Maria Patricia (Franco) Suarez v. State of Indiana
02A05-1008-PC-508
Post conviction relief petition. Reverses trial court’s denial of plaintiff’s request for a complete record of her guilty plea hearing, including the Spanish language portions of the hearing, stating that under Indiana Administrative Rule 9(D), the guilty plea hearing was a public court record that should be available to Suarez.

State of Indiana v. Charles Black
48A02-1011-CR-1384
Criminal. Reverses trial court’s discharge of Charles Black, who had been charged with drug and other offenses, stating that by agreeing to a new trial date outside the parameters of Indiana Criminal Rule 4(C), Black acquiesced to his trial being delayed and waived his right to be discharged under Criminal Rule 4(C). Remands for further proceedings.

Term. of Parent-Child Rel. of H.A. and R.H.; K.H. v. IDCS (NFP)
45A05-1008-JT-550
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Adoption of E.F.: R.F. and S.F. v. J.N. and K.N. (NFP)
67A01-1009-AD-502
Adoption. Affirms adoption of child by guardians.

Lavonta Henry v. State of Indiana (NFP)
71A05-1009-CR-599
Criminal. Affirms sentence for four counts Class B felony burglary.

Jeffrey W. Brinkman v. Lisa A. Brinkman (NFP)
32A04-1008-DR-512
Domestic relation. Reverses order obligating Jeffrey Brinkman to pay Lisa Brinkman for the value of his retirement fund. Affirms that the trial court’s miscalculation of son’s 21st birthday was a harmless error and that the trial court did not err when it failed to modify Jeffrey’s child support obligation; the award of prejudgment interest was not an abuse of discretion.

Indiana Tax Court had posted no opinions as of IL deadline.
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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