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Opinions May 2, 2013

May 2, 2013
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Indiana Supreme Court
Gerald P. VanPatten v. State of Indiana
02S03-1205-CR-251
Criminal. Vacates two convictions of child molesting, one as a Class A felony and one as a Class C felony, because a nurse’s testimony about statements made by the alleged six-year-old victim, who later recanted, should not have been admitted as substantive evidence. Affirms trial court was within its discretion to deny VanPatten’s attorneys’ motions to withdraw. Justice Massa concurs in result with a separate opinion in which Justice Rush joins. Remands for a new trial on the two counts.

Indiana Court of Appeals
Dekuita Steen v. State of Indiana
49A02-1211-CR-877
Criminal. Affirms conviction of Class D felony theft. The trial court properly admitted a loss-prevention officer’s testimony concerning security tags and store labels into evidence, and the evidence is sufficient to support the conviction.

Johann Schmidt v. State of Indiana
34A02-1207-CR-570
Criminal. Affirms denial of Schmidt’s motion to dismiss two counts of Class C felony theft filed in Howard County. The record shows the Howard County prosecutor properly filed charges against Schmidt as to the offenses committed in that county and charges out of Miami County that Schmidt was previously prosecuted on did not relate to the Howard County offenses. Remands for further proceedings.

Jason Tye Myers v. State of Indiana (NFP)
79A04-1209-PC-481
Post conviction. Affirms denial of petition for post-conviction relief.

Dywan Masterson v. State of Indiana (NFP)
02A03-1208-PC-368
Post conviction. Affirms denial of petition for post-conviction relief.

Frank T. Grannan v. State of Indiana (NFP)
79A02-1209-CR-696
Criminal. Affirms convictions of Class C misdemeanors operating while intoxicated, operating with an alcohol concentration equivalent of 0.08 but less than 0.15, and operating with a controlled substance or its metabolite in the body.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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