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Opinions May 16, 2012

May 16, 2012
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7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Robert A. Turner v. State of Indiana (NFP)
62A01-1111-CR-514
Criminal. Affirms imposition of public defender fee.

In Re: Vinod C. Gupta Tax Deed; Rahman Irrevocable Trust v. Vinod C. Gupta and Bank D, LLC a/k/a Bruce Denni, and Ripley County Treasurer (NFP)
69A05-1105-MI-294
Miscellaneous. Affirms denial of two motions by the Rahman Irrevocable Trust for relief from the judgment pertaining to the issuance of tax deeds.

In Re the Marriage of: Am.C. v. D.C. (NFP)
30A05-1109-DR-456
Domestic relation. Affirms order related to the custody and support of the parties’ children. Remands with instructions to revise the order to correctly reflect the name of the school the children attend.

Lowell Jones v. State of Indiana (NFP)
02A03-1109-CR-481
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony resisting law enforcement.

Michael Wayne Glock, David Nixon Glock, and Daniel Colin Glock v. Sheila C. Hale (NFP)
89A01-1109-PL-441
Civil plenary. Affirms summary judgment in favor of Hale finding she was entitled to the proceeds from an annuity.

Sterling Mitchell v. State of Indiana (NFP)
02A04-1108-CR-425
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Claudio Igor Gonzalez v. State of Indiana (NFP)
45A04-1110-CR-549
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.  

Lisa Martin v. American Senior Communities, LLC (NFP)
49A02-1112-PL-1117
Civil plenary. Reverses grant of summary judgment for American Senior Communities in an action seeking reimbursement for paid vacation time and remands for further proceedings.

Timothy Ware v. State of Indiana (NFP)
49A04-1109-CR-495
Criminal. Affirms convictions of murder and carrying a handgun without a license as a Class A misdemeanor.

Johnnie Gipson v. State of Indiana (NFP)
71A03-1109-CR-435
Criminal. Affirms convictions of two counts of Class B felony sexual misconduct with a minor and Class C felony child exploitation.

In the Matter of the Term. of the Parent-Child Rel. of N.Q., Je.Q., Ja.Q., and L.Q.; and T.Q. and A.Q. v. Indiana Dept. of Child Services (NFP)
82A05-1109-JT-511
Juvenile. Reverses termination of parental rights and remands for further proceedings.

Timothy T. Brooks v. State of Indiana (NFP)
29A02-1109-CR-858
Criminal. Affirms conviction of Class D felony performing sexual misconduct in the presence of a minor.

Donald B. Hall v. Beverly J. Hall (NFP)
02A03-1109-DR-479
Domestic relation. Reverses denial of motion for relief from judgment pursuant to Ind. Trial Rule 60(B).
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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