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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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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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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