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Opinions May 12, 2011

May 12, 2011
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Indiana Supreme Court
State ex rel. Gregory F. Zoeller v. Aisin USA Manufacturing, Inc.
36S01-1009-CV-469
Civil. Holds the attorney general’s attempt to recover a “tax refund” from Aisin in Jackson Superior Court may proceed. It does not arise under the tax laws because the “refund” was the result of accounting and clerical errors with in the Department of Revenue that were wholly unrelated to any interpretation or application of tax law. Justices Rucker and Dickson dissent.

Richard L. Barnes v. State of Indiana
82S05-1007-CR-343
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct. There is no right to reasonably resist unlawful entry by police officers, so the trial court didn’t err in failing to give Barnes’ proffered jury instruction on this right, and the evidence was sufficient to support Barnes’ convictions. Justices Rucker and Dickson dissent.


Indiana Court of Appeals
Commissioner of Labor on the Relation of Vincent and Antimo Scialdone v. An Island, LLC
49A05-1011-PL-777
Civil plenary. Affirms grant of An Island LLC’s motion to dismiss for improper venue and order the case transferred to Perry County. The trial court did not abuse its discretion when it determined that Perry County was the only preferred venue for the case.

Erodney Davis v. State of Indiana
45A05-1008-CR-502
Criminal. Affirms conviction of Class C felony possession of cocaine. The trial court did err by permitting a police detective to testify as a skilled witness, but it was a harmless error. The trial court did not err by excluding evidence of a witness’s prior drug-related convictions or by giving an additional instruction to the jury that it had inadvertently omitted from the final jury instructions.

Jameson Malbrough v. State of Indiana (NFP)
49A02-1009-CR-958
Criminal. Affirms convictions of two counts of Class B felony child molesting, and one count each of Class C felony child molesting, Class D felony vicarious sexual gratification, and Class D felony intimidation.

James Spann v. State of Indiana (NFP)
49A05-1009-CR-588
Criminal. Affirms conviction of Class A misdemeanor obstructing traffic.

Rodney Griffin v. State of Indiana (NFP)
49A02-1010-CR-1108
Criminal. Reverses conviction of Class A misdemeanor invasion of privacy.

Term. of Parent-Child Rel. of R.A., et al.; A.L. v. I.D.C.S. (NFP)
45A03-1005-JT-271
Juvenile. Affirms involuntary termination of parental rights.

Lloyd Conn v. State of Indiana
24A01-1009-CR-508
Criminal. Affirms conviction of Class A felony conspiracy to commit murder. The evidence is sufficient to sustain his conviction.

Robert A. Jordan v. State of Indiana (NFP)
79A02-1006-PC-674
Post conviction. Affirms denial of request for additional educational credit time.

Thomas Huffine v. State of Indiana (NFP)
49A02-1010-CR-1098
Criminal. Affirms sentence following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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